cia-cii 


DEPARTMENT  OF  COMMERCE  AND  LABOR 

OFFICE  OF  THE  SECRETARY 


COMPENSATION  FOR  INJURIES 

TO  EMPLOYEES  OF  THE 

UNITED  STATES 

ARISING  FROM  ACCIDENTS  OCCURRING 

BETWEEN  AUGUST  1,   1908,  AND 

JUNE  30,  1911 


REPORT  OF  OPERATIONS  UNDER  THE  ACT  OF  MAY  30,  1908 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 

1913 


T 


C1.1--C7:* 


DEPARTMENT  OF  COMMERCE  AND  LABOR 

OFFICE  OF  THE  SECRETARY 


COMPENSATION  FOR  INJURIES 

TO  EMPLOYEES  OF  THE 

UNITED  STATES 

ARISING  FROM  ACCIDENTS  OCCURRING 

BETWEEN  AUGUST   1,    1908,  AND 

JUNE  30,  1911 


REPORT  OF  OPERATIONS  UNDER  THE  ACT  OF  MAY  30,  1908 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 

1913 


Digitized  by  the  Internet  Archive 

in  2012  with  funding  from 

LYRASIS  Members  and  Sloan  Foundation 


http://archive.org/details/compensationforiOOunit 


CONTENTS. 


Page. 

Letter  of  transmittal 5-8 

Introduction 9-16 

Life-Saving  Service 9,10 

Railway  Mail  Service 10,  11 

Bills  for  a  general  act 11, 12 

Act  of  May  30,  1908 12-14 

Amending  acts 14-16 

Analysis  of  law  of  May  30,  1908,  as  amended 16-18 

Procedure  under  the  law 18 

Interpretation  of  the  law 18-31 

Classes  of  persons  covered 19-21 

Departments  and  branches  of  service 21,  22 

Hazardous  employments 22,  23 

Excluded  services  and  employments 23,  24 

Fundamental  principles 24 

Injury  and  accident 24,  25 

Course  of  employment 25,  26 

Negligence  or  misconduct 26,  27 

Administrative  details 27-30 

Miscellaneous  questions 3°,  31 

Statistical  operations 31-86 

Persons  covered  by  the  law 31,  32 

Period  covered  by  report 32 

Summary  of  accidents  reported  and  accidents  compensated 33 

Accidents,  by  departments  and  branches  of  service 34-36 

Fatal  accidents 36 

Claims  for  compensation 37 

Claims  for  compensation  disallowed 38,  39 

Amount  of  compensation  paid 39-42 

Act  of  May  30,  1908 39,  40 

Act  of  February  24, 1909 40,  41 

Liie-Saving  Service 41 

Railway  Mail  Service 42 

Rates  of  pay  of  injured  employees 42-46 

Causes  of  accidents 47-53 

Duration  of  disability 54-59 

Duration  of  disability  and  causes  of  accidents  reported 59-71 

Duration  of  disability  and  amount  of  compensation 72,  73 

Nature  of  injury 73,  74 

Nature  of  injury  and  duration  of  disability 74-77 

Nature  of  injury  and  causes  of  accidents  reported 77 

Nature  of  injury  and  amount  of  compensation 78-83 

Survivors  in  cases  of  fatal  accidents  reported 83-86 

3 


4  CONTENTS. 

Page. 
Table      I. — Fatal  and  nonfatal  accidents  reported  and  number  of  claims  for 
compensation  received  and  number  allowed  and  disallowed, 

by  departments,  services,  and  establishments 87-92 

II. — Claims  for  compensation  disallowed  for  each  specified  reason,  by 

departments,  services,  and  establishments 93-96 

III. — Cost  of  compensation  for  fatal  and  nonfatal  injuries,  by  depart- 
ments, services,  and  establishments 97-100 

IV. — Number  of  fatal  and  nonfatal  compensated  and  noncompensated 
cases  of  employees  who  received  each  classified  rate  of  pay  on  a 
yearly  basis,  by  departments,  services,  and  establishments. . .  101-120 
V. — Number  of  accidents  reported  from  each  specified  cause,  by 

departments,  services,  and  establishments 121-139 

VI. — Number  of  cases  reported  in  which  the  duration  of  disability 

was  each  classified  number  of  days,  by  causes  of  injury 140-147 

VII. — Cost  of  compensation  for  fatal  and  nonfatal  injuries,  by  classified 

days  of  duration 148, 149 

VIII. — Number  and  per   cent  of  compensated  and    noncompensated 
cases  and  number  and  per  cent  of  total  accidents  reported,  by 

nature  of  injuries 150-155 

IX. — Number  of  cases  reported  of  injury  of  specified  nature  in  which 
duration  of  disability  was  each  classified  number  of  days  for 
Isthmian  Canal  Commission  and  for  other  departments  and 

for  compensated  and  noncompensated  cases 156-185 

X. — Number  of  accidents  reported  which  resulted  from  each  specified 

cause,  by  nature  of  injuries 186-211 

XI. — Number  of  cases  of  nonfatal  accidents  which  received  each  classi- 
fied amount  of  compensation,  by  nature  of  injuries 212-229 

Appendix. — Regulations  concerning  the  duties  of  employees,  official  supe- 
riors, and  medical  officers 231-234 


LETTER  OF  TRANSMITTAL. 


Department  of  Commerce  and  Labor, 

Bureau  of  Labor, 

Washington,  February  27,  1913. 

Sir:  I  have  the  honor  to  submit  herewith  a  report  upon  the  opera- 
tions of  the  Federal  workmen's  compensation  act  of  May  30,  1908, 
providing  for  compensation  for  accidental  injuries  to  certain  em- 
ployees of  the  United  States. 

This  act  came  into  effect  August  1,  1908,  and  the  report  presents 
data  for  the  first  three  completed  years  of  its  operations.  As  enacted, 
this  law  covered  artisans  and  laborers  in  manufacturing  establish- 
ments, arsenals,  and  navy  yards,  river  and  harbor  and  fortification 
work,  the  reclamation  of  arid  lands,  and  hazardous  employment 
under  the  Isthmian  Canal  Commission.  It  was  later  extended  to 
include  all  employees  under  the  Isthmian  Canal  Commission  and  to 
take  in  employees  in  the  Bureau  of  Mines,  the  Lighthouse  Service, 
and  the  Forestry  Service  engaged  in  hazardous  employment,  and  is 
estimated  to  embrace  at  the  present  time  approximately  95,000 
persons,  or  one-fourth  of  the  civilian  employees  of  the  United  States. 

The  law  is  a  pioneer  one  in  this  country  as  a  general  compensation 
measure,  though  a  form  of  compensation  had  been  allowed  for 
injured  railway  mail  clerks  and  employees  in  the  Life-Saving  Service 
for  some  years.  While  differing  in  form  from  the  compensation  laws 
enacted  in  the  States,  it  must  be  regarded  as  having  had  a  measure 
of  influence  in  the  direction  of  the  enactment  of  such  legislation,  and 
since  the  enactment  of  this  law  16  States  have  made  provision  for 
compensation  in  some  form  or  other. 

The  administration  of  this  act  is  committed  to  the  Secretary  of 

Commerce  and  Labor,  the  consequent  duties  in  connection  therewith 

being  performed  in  a  large  measure  by  the  Bureau  of  Labor.     An 

amendment  of  the  act  bearing  date  of  March  4,  1911,  transferred  the 

duty  of  administration,  so  far  as  affects  employees  of  the  Isthmian 

Canal  Commission,  to  the  chairman  of  that  commission;  as  a  matter 

of  statistical  completeness,  however,  the  operations  under  the  act  on 

the  Isthmus  are  annually  reported  to  the  Department  of  Commerce 

and  Labor  and  are  combined  with  the  reports  of  operations  in  other 

establishments. 

5 


6  LETTEE  OF   TEANSMITTAL. 

The  number  of  accidents  reported  in  all  departments  during  the 
first  year  (11  months)  was  4,887,  for. the  second  year  6,987,  rising 
to  9,159  in  the  third  year,  making  a  total  of  21,033  for  the  three 
years.  Of  the  total  number  of  accidents  670  were  reported  as  fatal, 
the  numbers  for  the  three  years  being  233,  231,  and  206,  respectively. 
Approximately  10  per  cent  of  these  fatalities  were  in  occupations  not 
subject  to  compensation  under  this  or  any  other  law.  The  number 
of  claims  increased  from  1,818  for  the  first  year  to  3,153  for  the 
third,  the  total  for  the  period  covered  by  the  report  being  7,625. 
Of  this  total,  7,158  were  allowed  and  467  were  disallowed.  The 
total  paid  out  as  compensation  amounted  to  $959,616.32.  The  pay- 
ments for  the  first  year  (11  months)  were  approximately  $243,000, 
for  the  second  year  $336,000,  and  for  the  third  year  $380,000. 

The  basis  of  the  accident  reporting  is  much  broader  than  that  for 
compensation,  the  Secretary  of  Commerce  and  Labor  having  made 
a  request  of  all  Government  offices  that  they  should  report  cases  of 
accident  arising  in  the  course  of  employment  causing  disability  for 
one  day  or  longer.  Nearly  one-half  of  the  accidents  and  of  the  com- 
pensation paid  refer  to  employment  under  the  Isthmian  Canal 
Commission,  with  its  25,000  to  30,000  employees,  largely  unskilled, 
and  working  under  conditions  involving  a  high  degree  of  hazard. 

The  law  is  restricted  not  only  to  certain  classes  of  employment,  but 
also  to  accidents  causing  disability  in  excess  of  15  days.  Injuries 
resulting  from  the  negligence  or  misconduct  of  the  injured  person 
are  not  compensated,  and  claims  on  account  of  death  must  be  filed 
within  90  days.  It  is  obvious  that  employees  in  establishments  not 
covered  by  the  provisions  of  the  act  will  refrain  from  making  claims 
for  compensation  when  that  fact  is  known,  so  that  the  number  of 
claims  submitted  will  be  affected  to  some  extent  by  the  injured  per- 
son's estimate  as  to  the  probability  of  his  securing  relief  in  this  way. 
Thus,  of  the  number  of  claims  rejected  on  account  of  the  occupation 
not  being  covered  by  the  act,  there  were  45  in  the  first  year,  34  in  the 
second,  and  28  in  the  third,  while  failure  to  furnish  sufficient  evidence 
to  support  the  claim  was  the  ground  for  rejecting  15  claims  the  first 
year,  47  claims  the  second  year,  and  87  in  the  third.  Negligence  or 
misconduct  of  the  injured  workman  prevented  recovery  in  65  cases 
during  the  three  years. 

The  basis  of  compensation  payments  is  the  injured  workman's 
wages,  the  amount  awarded  being  the  same  as  the  rate  of  such  wages 
daring  disability,  not  exceeding  one  year,  or  in  fatal  cases,  an  amount 
equal  to  one  year's  wages  of  the  deceased  workman.  The  amount 
paid  for  fatal  cases  approximates  18  per  cent  of  the  total  number,  the 
average  payment  per  fatal  case  being  $704  for  the  first  year,  $633  for 
the  second,  and  $596  for  the  third.     For  nonfatal  compensated  acci- 


LETTER  OF   TRANSMITTAL.  7 

dents  the  average  amount  paid  the  first  year  was  $121,  for  the  second 
year  $113,  and  for  the  third  year  $114.  The  Isthmian  Canal  Com- 
mission is  chargeable  with  by  far  the  largest  amount  of  costs  for  com- 
pensation, the  Navy  Department  ranking  next,  the  Engineer  Depart- 
ment of  the  War  Department  standing  third,  and  the  Reclamation 
Service  fourth. 

The  distribution  of  costs  on  the  basis  of  the  period  of  disability  for 
the  third  year  shows  approximately  42  per  cent  of  all  costs  expended 
for  injuries  causing  disability  for  not  over  three  months,  while  cases 
lasting  three  months  but  not  over  six  months  absorbed  9.4  per  cent 
of  the  amount  paid  for  compensation  for  the  year.  Cases  causing 
disability  for  more  than  6  months  required  32.7  per  cent  of  the  total 
amount,  while  fatal  cases  required  but  16  per  cent  of  the  total  cost. 

By  reason  of  the  fact  that  compensation  for  nonfatal  accidents  ter- 
minates on  the  recovery  of  the  injured  person  to  an  extent  sufficient 
to  allow  him  to  resume  work,  but  little  can  be  determined  from  the 
data  of  this  report  as  to  the  results  of  accidents  causing  permanent 
partial  disability,  nor  is  there  any  accurate  information  as  to  the 
effects  of  accidents  causing  a  disability  for  over  one  year,  since  at  the 
end  of  the  compensation  period,  which  can  not  exceed  one  year,  the 
accounts  of  the  injured  persons  are  closed  and  no  further  record  kept 
of  them,  so  far  as  this  act  is  concerned. 

While  a  very  considerable  number  of  serious  injuries  were  debarred 
from  compensation  under  this  act  because  of  the  restrictions  of  its 
applications,  the  failure  to  recognize  permanent  partial  disability  on 
a  different  basis  from  disability  from  which  complete  recovery  may 
be  anticipated,  results  in  very  inadequate  compensation  of  such  cases. 
Thus  fractures  of  an  arm  or  leg  led  to  payments  in  amounts  less  than 
$25,  the  loss  of  an  eye  in  amounts  varying  between  $25  and  $50,  and  in 
a  case  of  the  loss  of  a  right  arm  the  injured  workman  was  entitled  to 
a  payment  of  less  than  $50,  while  in  three  cases  of  the  loss  of  both 
legs,  occurring  during  the  third  year,  the  average  compensation  was 
$377.40.  These  small  amounts  were  due  to  the  fact  that  compensation 
payments  (limited  to  usual  wages)  must  cease  when  the  injured 
employee  is  able  to  resume  work,  and  in  any  case  can  not  continue 
beyond  12  months. 

In  view  of  the  wide,  range  of  employments  covered  by  the  act  it  is 
but  natural  to  expect  to  find  a  large  variety  of  causes  of  accident. 
The  use  of  railroad  transportation  in  work  on  the  Isthmus  cooperates 
with  the  hazards  of  railway  employees  to  make  railway  operations  the 
leading  cause  of  accident.  One  of  the  most  frequent  causes  of  injury 
is  the  collapse  and  fall  of  materials,  while  falls  of  the  person  injured 
are  likewise  a  very  frequent  cause.  The  use  of  hand  tools  and  simple 
instruments  ranks  above  the  use  of  working  machinery  using  power  as 


8  LETTER   OF   TRANSMITTAL. 

a  cause  of  injury,  but  this  is  doubtless  due  to  the  fact  that  the  number 
of  workers  with  such  tools  is  much  larger  than  the  number  of  machine 
workers. 

Considering  the  report  as  a  whole,  it  is  of  special  interest  as  show- 
ing the  results  of  the  operations  of  a  law  which  was  enacted  to  relieve 
the  situation  of  a  class  of  employees  who  were  without  legal  redress, 
and  which,  despite  its  incompleteness,  has  been  one  of  great  benefit  to 
a  very  considerable  number  of  injured  employees  and  their  dependents. 
Very  respectfully,  G.  W.  W.  Hanger, 

Acting  Commissioner. 
Hon.  Charles  Nagel, 

Secretary  of  Commerce  and  Labor. 


COMPENSATION  FOR  ACCIDENTS  TO  EMPLOYEES  OF  THE  UNITED  STATES. 


INTRODUCTION. 

By  the  act  of  May  30,  1908  (35  U.  S.  Stat.  L.,  p.  556),  entitled 
"An  act  granting  to  certain  employees  of  the  United  States  the  right 
to  receive  from  it  compensation  for  injuries  sustained  in  the  course  of 
their  employment,"  the  United  States  Government  established  a 
system  of  compensation  for  industrial  accidents  for  the  majority  of 
its  industrial  employees,  this  being  the  first  general  accident  com- 
pensation law  in  this  country.  However,  the  principle  of  accident 
compensation  had  been  recognized  much  earlier  in  regard  to  certain 
groups  of  civil  employees  of  the  United  States. 

LIFE-SAVING    SERVICE. 

The  act  of  May  4,  1882  (22  U.  S.  Stat.  L.,  p.  57),  introduced  a 
system  of  compensation  not  only  for  accidental  injuries,  but  also  for 
disease  contracted  in  the  line  of  duty,  for  certain  employees  of  the 
Life-Saving  Service.     Sections  7  and  8  of  this  act  read  as  follows: 

Section  7.  If  any  keeper  or  member  of  a  crew  of  a  life-saving  or  lifeboat  station 
shall  be  so  disabled  by  reason  of  any  wound  or  injury  received  or  disease  contracted 
in  the  Life-Saving  Service  in  the  line  of  duty  as  to  unfit  him  for  the  performance  of 
duty,  such  disability  to  be  determined  in  such  manner  as  shall  be  prescribed  in  the 
regulations  of  the  service,  he  shall  be  continued  upon  the  rolls  of  the  service  and 
entitled  to  receive  his  full  pay  during  the  continuance  of  such  disability,  not  to  exceed 
the  period  of  one  year,  unless  the  general  superintendent  shall  recommend,  upon  a 
statement  of  facts,  the  extension  of  the  period  through  a  portion  or  the  whole  of  another 
year,  and  said  recommendation  receive  the  approval  of  the  Secretary  of  the  Treasury 
as  just  and  reasonable;  but  in  no  case  shall  said  disabled  keeper  or  member  of  a  crew 
be  continued  upon  the  rolls  or  receive  pay  for  a  longer  period  than  two  years. 

Sec  8  (as  amended  by  act  of  Mar.  26,  1908).  If  any  keeper  or  member  of  a  crew  of 
a  life-saving  or  lifeboat  station  shall  hereafter  die  by  reason  of  perilous  service  or  any 
wound  or  injury  received  or  disease  contracted  in  the  Life-Saving  Service  in  the  line 
of  duty,  leaving  a  widow,  or  a  child  or  children  under  16  years  of  age,  or  a  dependent 
mother,  such  widow  and  child  or  children  and  dependent  mother  shall  be  entitled  to 
receive,  in  equal  portions,  during  a  period  of  two  years,  under  such  regulations  as  the 
Secretary  of  the  Treasury  may  prescribe,  the  same  amount  payable  quarterly  as  far 
as  practicable,  that  the  husband  or  father  or  son  would  be  entitled  to  receive  as  pay 
if  he  were  alive  and  continued  in  the  service:  Provided,  That  if  the  widow  shall  remarry 
at  any  time  during  the  said  two  years,  her  portion  of  said  amount  shall  cease  to  be  paid 
to  her  from  the  date  of  her  remarriage,  but  shall  be  added  to  the  amount  to  be  paid  to 
the  remaining  beneficiaries  under  the  provisions  of  this  section,  if  there  be  any;  and 
if  any  child  shall  arrive  at  the  age  of  16  years  during  the  said  two  years,  the  payment  of 
the  portion  of  such  child  shall  cease  to  be  paid  to  such  child  from  the  date  on  which 
such  age  shall  be  attained,  but  shall  be  added  to  the  amount  to  be  paid  to  the  remaining 
beneficiaries,  if  there  be  any. 

9 


10  REPOKT   OF    THE    SECRETARY   OF    COMMERCE   AND   LABOR. 

The  system  of  compensation  provided  for  in  this  law  grants  full 
pay  in  case  of  disability,  for  a  term  not  exceeding  two  years,  and 
compensation  equal  to  two  years'  pay  to  the  widow  and  children  in 
case  the  injury  or  disease  terminates  fatally.  All  cases  of  injuries  or 
diseases  contracted  in  line  of  duty  are  compensated.  No  provision 
is  made  for  raising  any  question  of  negligence  to  which  the  injury 
may  be  due. 

The  number  of  cases  compensated  under  this  system  and  the 
amount  of  compensation  paid  during  the  fiscal  years  1908-9  (11 
months),  1909-10,  and  1910  11  are  stated  on  page  41. 

RAILWAY-MAIL    SERVICE. 

A  compensation  system,  in  general  similar  to  the  above,  exists  in 
the  Post  Office  Department  for  the  benefit  of  railway  postal  clerks. 
The  Post  Office  Department  appropriation  act  for  1901,  approved  on 
June  2,  1900  (31  U.  S.  Stat.  L.,  p.  259),  contained  for  the  first  time 
the  following  item: 

For  acting  clerks  in  place  of  clerks  injured  while  on  duty,  twenty-five  thousand 
dollars. 

This  permitted  the  continuance  of  salaries  to  injured  clerks  during 
the  term  of  their  disability,  the  maximum  period  for  such  payments 
being  in  practice  restricted  to  one  year,  virtually  establishing  a  sys- 
tem of  compensation  for  nonfatal  injuries.  In  the  next  (second) 
session  of  the  Fifty-sixth  Congress,  the  appropriation  for  the  same 
purpose  was  increased  to  $35,000. 

The  Post  Office  Department  appropriation  act  for  1903,  passed  in 
the  first  session  of  the  Fifty-seventh  Congress,  extended  the  system 
to  include  a  lump-sum  benefit  of  $1,000  to  the  survivors  of  railway 
mail  clerks  fatally  injured  while  on  duty,  by  the  following  language: 

For  acting  clerks,  in  place  of  clerks  ]  injured  while  on  duty,  and  to  enable  the 
Postmaster  General  to  pay  the  sum  of  one  thousand  dollars,  which  shall  be  exempt 
from  the  payment  of  debts  of  the  deceased,  to  the  legal  representatives  of  any  railway 
postal  clerk  or  substitute  railway  postal  clerk  who  shall  be  killed  while  on  duty  or 
who,  being  injured  while  on  duty,  shall  die  within  one  year  thereafter  as  the  result  of 
such  injury,  forty-five  thousand  dollars. 

The  amount  appropriated  was  found  insufficient,  and  a  deficiency 
appropriation  of  $40,000  was  made  during  the  second  session.  The 
amount  appropriated  for  the  fiscal  year  1904  was  $75,000,  following 
which  was  another  deficiency  appropriation  of  $20,000  made  during 
the  session  of  1903-4,  and  the  sum  of  $110,000  was  appropriated  for 
the  year  ending  June  30,  1905.  Since  that  date  the  appropriation  has 
been  made  at  a  uniform  rate  of  $100,000,  until  the  appropriation  for 
the  year  ending  June  30,  1912,  when  $120,000  was  set  aside  for  the  two 
purposes   of   employing   acting   clerks   and   of   compensating   those 

»  Since  1908-9  the  words  "or  substitutes"  are  inserted. 


workmen's  compensation  under  ACT  OF  MAY  30,  1908.      11 

injured.  The  appropriation  act  for  the  next  year  provides  that 
where  disability  continues  for  a  part  or  all  of  a  second  year  after 
injury  50  per  cent  of  the  injured  clerk's  salary  shall  be  paid  him 
during  such  continuance.  Sea  post  clerks  are  by  the  same  act  granted 
the  same  benefits  as  are  allowed  railway  postal  clerks.  The  appro- 
priation act  for  the  fiscal  year  1911,  approved  May  12,  1910,  increased 
the  amount  payable  in  case  of  fatal  accidents  to  $2,000. 

The  present  system,  therefore,  provides  for  disability  compensation 
equal  to  full  pay  for  the  period  of  disability  but  not  to  exceed  one 
year,  for  half-pay  for  a  second  year  if  disability  continues,  and  in  case 
of  the  injury  resulting  fatally  a  lump-sum  payment  of  $2,000  to  the 
legal  representatives  of  the  deceased. 

Under  the  existing  legislation  the  following  regulations  have  been 
promulgated  by  the  Post  Office  Department: 

Section  1424.  Whenever  a  railway  postal  clerk  shall  be  disabled  while  in  the 
actual  discharge  of  his  duties  by  a  railroad  or  other  accident  beyond  his  power  to 
control,  he  shall  send  to  the  division  superintendent  a  certificate  of  his  attending 
physician  or  surgeon,  sworn  to  before  an  officer  authorized  to  administer  oaths,  who 
has  an  official  seal,  setting  forth  the  nature,  extent,  and  cause  of  his  disability,  and  the 
probable  duration  of  the  same;  and  such  further  evidence  as  to  the  character  of  the 
disability  as  may  be  necessary  shall  be  furnished. 

(2)  The  division  superintendent  will  forward  the  certificate,  with  his  recommenda- 
tion, to  the  General  Superintendent  of  the  Railway  Mail  Service,  who  will  submit  the 
matter  to  the  Postmaster  General,  who  may,  in  his  judgment,  the  facts  justifying  such 
action,  grant  such  disabled  clerk  leave  of  absence  with  pay  for  periods  of  not  exceeding 
sixty  days  each,  and  not  exceeding  one  year  in  all. 

(3)  A  sworn  statement  from  the  attending  physician  must  accompany  every  appli- 
cation for  additional  leave. 

The  amounts  paid  under  these  rules  during  the  fiscal  years  1908-9, 
1909-10,  and  1910-11  are  stated  on  page  42. 

BILLS    FOR   A    GENERAL   ACT. 

In  the  first  session  of  the  Fifty-ninth  Congress  (1905-6)  two  bills 
were  introduced  in  the  Senate  for  the  purpose  of  extending  the  prin- 
ciple of  compensation  to  other  employees  of  the  Government,  this 
being  the  beginning  of  the  movement  to  that  end.  Neither  of  these 
bills  became  law,  and  the  first  session  of  the  Sixtieth  Congress  saw  as 
many  as  14  bills  introduced,  one  of  which  was  in  the  Senate,  the  others 
being  presented  in  the  House.  A  list  of  these  bills  is  given  in  the 
following  table: 


Session. 

No.  of 
bill. 

Introduced  by- 

Title. 

Fifty-ninth  Congress,  first 
session. 

Do 

S. 5430 

S. 6080 
S. 5555 

Mr.  Elkins 

do 

Mr.  Burrows 

Granting  to  certain  employees  of  the  United 
States  the  right  to  receive  from  it  compensa- 
tion for  injuries  sustained  in  the  course  of 
their  employment. 

Sixtieth    Congress,    first 
session. 

To  compensate  civilian  Government  employees 
for  personal  injury  in  line  of  service. 

12 


REPORT    OF    THE   SECRETARY   OF   COMMERCE   AND   LABOR. 


Session. 

No.o! 
bill. 

Introduced  by — 

Title. 

Sixtieth    Congress,    first 
session. 

Do 

H.R.86 

H.  R.  444 
H.  R.  4810 

H.  R.  4849 
H.  R.  6251 

H.  R.  6284 

H.R.14265 
H.R.16734 

H.R.17870 

H.R.21131 

H.R.21308 
H.R.21696 
H.R.21844 

Mr.  Pearre 

Mr.  Roberts. 

Mr.  Kalin 

Mr.  Maynard 

Mr.  Foss 

Mr.  Gillett 

Mr.  Roberts 

Mr.  Sterling 

Mr.  Bennet 

Mr.  Jones 

Mr.  Gillett 

Mr.  Alexander. . 
do 

For  the  relief  of  laborers,  mechanics,  and  other 
employees  of  the  United  States  Government 
injured,  and  the  families  of  those  killed,  with- 
out fault  of  their  own,  while  in  the  discharge 
of  their  duties. 

Same  title  as  H.  R.  86. 

Do 

Do. 

States  navy  yards  as  may  be  disabled  by  ac- 
cidents while  in  the  performance  of  duty, 
and,  in  the  event  of  fatal  casualties,  for  the 
relief  of  surviving  dependents. 
To  pension  civil  employees  of  the  Government 
navy  yards  when  injured  in  the  performance 
of  duty  to  such  an  extent  as  to  be  incapaci- 
tated to  earn  a  living. 

Do.. 

Do 

employees  of  the  Navy  Department  injured, 
and  the  families  of  those  killed,  without  fault 
of  their  own,  while  in  the  discharge  of  their 
duties. 

Granting  to  certain  employees  of  the  United 
States  the  right  to  receive  from  it  compensa- 
tion for  injuries  sustained  in  the  course  of 
their  employment. 

Title  same  as  H.  R.  86  and  H.  R.  444. 

Do 

Do 

To  compensate  civilian  Government  employees 
for  personal  injuries  in  line  of  service. 

Providing  for  the  payment  of  salaries  or  wages 
to  all  Government  employees  who  may  be 
injured  in  the  line  of  duty  or  may  be  required 
to  absent  themselves  from  duty  as  the  result 
of  guarantee  measures. 

Title  same  as  H.  R.  86  and  H.  R.  444  and  H.  R. 

Do. ... 

Do 

Do 

14265. 
Title  same  as  H.  R.  6284. 

Do 

Do 

Title  same  as  H.  R.  6284  and  H.  R.  21308. 
Title  same  as  H.  R.  21696. 

ACT    OF   MAY   30,    1908. 

The  bill  H.  R.  21844,  which  became  the  act  of  May  30,  1908,  was 
introduced  in  the  House  of  Representatives  on  May  12,  1908,  referred 
to  the  Judiciary  Committee,  and  reported  back  on  May  15,  1908,  on 
which  date  it  passed  the  House  after  a  short  debate.  It  reached  the 
Senate  on  May  18  and  was  referred  to  the  Senate  Committee  on 
Judiciary,  which  reported  it  to  the  Senate  on  the  same  date  without 
any  essential  amendments.  It  was  extensively  debated  in  the  Sen- 
ate on  May  21,  May  25,  and  May  27,  and  amended  in  many  impor- 
tant details,  though  the  general  plan  was  left  unchanged.  The  most 
important  amendment  was  that  extending  its  scope  in  a  few  direc- 
tions beyond  that  contemplated  in  the  original  bill.  It  was  stated 
by  Mr.  Alexander  on  the  floor  of  the  House  that  "the  purpose  of 
this  bill  is  to  compensate  Government  employees  engaged  in  hazard- 
ous occupations."  "Such  employment/'  Mr.  Alexander  proceeded, 
"is  practically  confined  to  ar  sen  ale,  navy  yards,  manufacturing  estab- 
lishments (such  as  arsenals,  clothing  depots,  shipyards,  proving 
grounds,  powder  factories,  and  so  forth),  to  construction  of  river 
and  harbor  work,  and  to  work  upon  the  Isthmian  Canal."  The  bill, 
accordingly,  included  only  those  enumerated  branches  of  service. 
In  the  Senate,  however,  "fortification  work"  and  "hazardous  em- 
ployment in  construction  work  in  the  reclamation   of  arid  lands" 


wobkmen's  compensation  undee  act  OF  MAY  30,  1908.     13 

were  added.  The  minimum  length  of  duration  of  disability  giving 
rise  to  right  for  compensation  was  reduced  from  30  days  to  15;  the 
clause  penalizing  for  attempt  to  defraud  under  this  law  was  elimi- 
nated as  unnecessary,  and  the  date  of  going  into  effect  was  changed 
from  July  1,  1908,  to  August  1,  1908,  to  allow  time  for  preparation 
of  the  necessary  administrative  machinery.  The  text  of  the  act 
follows : 

Section  1.  That  when,  on  or  after  August  first,  nineteen  hundred  and  eight,  any 
person  employed  by  the  United  States  as  an  artisan  or  laborer  in  any  of  its  manufac- 
turing establishments,  arsenals,  or  navy  yards,  or  in  the  construction  of  river  and 
harbor  or  fortification  work  or  in  hazardous  employment  on  construction  work  in  the 
reclamation  of  arid  lands  or  the  management  and  control  of  the  same,  or  in  hazardous 
employment  under  the  Isthmian  Canal  Commission,  is  injured  in  the  course  of  such 
employment,  such  employee  shall  be  entitled  to  receive  for  one  year  thereafter,  unless 
such  employee,  in  the  opinion  of  the  Secretary  of  Commerce  and  Labor,  be  sooner 
able  to  resume  work,  the  same  pay  as  if  he  continued  to  be  employed,  such  payment 
to  be  made  under  such  regulations  as  the  Secretary  of  Commerce  and  Labor  may  pre- 
scribe: Provided,  That  no  compensation  shall  be  paid  under  this  act  where  the  injury 
is  due  to  the  negligence  or  misconduct  of  the  employee  injured,  nor  unless  said  injury 
shall  continue  for  more  than  fifteen  days.  All  questions  of  negligence  or  misconduct 
shall  be  determined  by  the  Secretary  of  Commerce  and  Labor. 

Sec.  2.  That  if  any  artisan  or  laborer  so  employed  shall  die  during  the  said  year  by 
reason  of  such  injury  received  in  the  course  of  such  employment,  leaving  a  widow,  or 
a  child  or  children  under  sixteen  years  of  age,  or  a  dependent  parent,  such  widow  and 
child  or  children  and  dependent  parent  shall  be  entitled  to  receive,  in  such  portions 
and  under  such  regulations  as  the  Secretary  of  Commerce  and  Labor  may  prescribe, 
the  same  amount,  for  the  remainder  of  the  said  year,  that  said  artisan  or  laborer  would 
be  entitled  to  receive  as  pay  if  such  employee  were  alive  and  continued  to  be  employed : 
Provided,  That  if  the  widow  shall  die  at  any  time  during  the  said  year  her  portion  of 
said  amount  shall  be  added  to  the  amount  to  be  paid  to  the  remaining  beneficiaries 
under  the  provisions  of  this  section,  if  there  be  any. 

Sec.  3.  That  whenever  an  accident  occurs  to  any  employee  embraced  within  the 
terms  of  the  first  section  of  this  act,  and  which  results  in  death  or  a  probable  incapacity 
for  work,  it  shall  be  the  duty  of  the  official  superior  of  such  employee  to  at  once  report 
such  accident  and  the  injury  resulting  therefrom  to  the  head  of  his  bureau  or  indepen- 
dent office,  and  his  report  shall  be  immediately  communicated  through  regular  official 
channels  to  the  Secretary  of  Commerce  and  Labor.  Such  report  shall  state,  first,  the 
time,  cause,  and  nature  of  the  accident  and  injury  and  the  probable  duration  of  the 
injury  resulting  therefrom;  second,  whether  the  accident  arose  out  of  or  in  the  course 
of  the  injured  person's  employment;  third,  whether  the  accident  was  due  to  negligence 
or  misconduct  on  the  part  of  the  employee  injured;  fourth,  any  other  matters  required 
by  such  rules  and  regulations  as  the  Secretary  of  Commerce  and  Labor  may  prescribe. 
The  head  of  each  department  or  independent  office  shall  have  power,  however,  to 
charge  a  special  official  with  the  duty  of  making  such  reports. 

Sec.  4.  That  in  the  case  of  any  accident  which  shall  result  in  death,  the  persons 
entitled  to  compensation  under  this  act  or  their  legal  representatives  shall,  within 
ninety  days  after  such  death,  file  with  the  Secretary  of  Commerce  and  Labor  an 
affidavit  setting  forth  their  relationship  to  the  deceased  and  the  ground  of  their  claim 
for  compensation  under  the  provisions  of  this  act.  This  shall  be  accompanied  by  the 
certificate  of  the  attending  physician  setting  forth  the  fact  and  cause  of  death,  or  the 
nonproduction  of  the  certificate  shall  be  satisfactorily  accounted  for.  In  the  case  of 
incapacity  for  work  lasting  more  than  fifteen  days,  the  injured  party  desiring  to  take 


14  KEPORT   OF   THE   SECRETARY  OF   COMMERCE  AND  LABOR. 

the  benefit  of  this  act  shall,  within  a  reasonable  period  after  the  expiration  of  such 
time,  file  with  his  official  superior,  to  be  forwarded  through  regular  official  channels 
to  the  Secretary  of  Commerce  and  Labor,  an  affidavit  setting  forth  the  grounds  of  his 
claim  for  compensation,  to  be  accompanied  by  a  certificate  of  the  attending  physician 
as  to  the  cause  and  nature  of  the  injury  and  probable  duration  of  the  incapacity,  or  the 
nonproduction  of  the  certificate  shall  be  satisfactorily  accounted  for.  If  the  Secretary 
of  Commerce  and  Labor  shall  find  from  the  report  and  affidavit  or  other  evidence  pro- 
duced by  the  claimant  or  his  or  her  legal  representatives,  or  from  such  additional 
investigation  as  the  Secretary  of  Commerce  and  Labor  may  direct,  that  a  claim  for 
compensation  is  established  under  this  act,  the  compensation  to  be  paid  shall  be 
determined  as  provided  under  this  act  and  approved  for  payment  by  the  Secretary  of 
Commerce  and  Labor. 

Sec.  5.  That  the  employee  shall,  whenever  and  as  often  as  required  by  the  Secretary 
of  Commerce  and  Labor,  at  least  once  in  six  months,  submit  to  medical  examination, 
to  be  provided  and  paid  for  under  the  direction  of  the  Secretary,  and  if  such  employee 
refuses  to  submit  to  or  obstructs  such  examination  his  or  her  right  to  compensation  shall 
be  lost  for  the  period  covered  by  the  continuance  of  such  refusal  or  obstruction. 

Sec.  6.  That  payments  under  this  act  are  only  to  be  made  to  the  beneficiaries  or 
their  legal  representatives  other  than  assignees,  and  shall  not  be  subject  to  the  claims 
of  creditors. 

Sec.  7.  That  the  United  States  shall  not  exempt  itself  from  liability  under  this 
act  by  any  contract,  agreement,  rule,  or  regulation,  and  any  such  contract,  agreement, 
rule,  or  regulation  shall  be  pro  tan  to  void. 

Sec  8.  That  all  acts  or  parts  of  acts  in  conflict  herewith  or  providing  a  different 
scale  of  compensation  or  otherwise  regulating  its  payment  are  hereby  repealed. 

AMENDING  ACTS. 

Of  the  numerous  bills  for  the  amendment  of  this  act  which  have 
been  introduced  since  its  enactment,  four  have  become  laws,  two  of 
them  relating  to  injured  employees  on  the  Isthmian  Canal.  The 
first  was  H.  R.  22340,  Sixty-first  Congress,  introduced  by  Mr.  Mann 
on  December  7,  1908,  becoming  a  law  on  February  24,  1909  (35  U.  S. 
Stat.  L.,  p.  645). 

The  act  reads  as  follows : 

That  nothing  contained  in  the  act  approved  May  thirtieth,  nineteen  hundred  and 
eight,  entitled  "An  act  granting  to  certain  employees  of  the  United  States  the  right 
to  receive  from  it  compensation  for  injuries  sustained  in  the  course  of  their  employ- 
ment," shall  prevent  the  Isthmian  Canal  Commission,  under  rules  to  be  fixed  by  the 
commission,  from  granting  to  its  injured  employees,  whether  engaged  in  a  hazardous 
employment  or  otherwise,  leave  of  absence  with  pay  for  time  necessarily  lost  as  a  result 
of  injuries  received  in  the  course  of  employment,  not  exceeding  in  the  aggregate 
thirty  days  per  annum:  Provided,  however,  That  compensation  paid  to  such  injured 
employees  under  such  regulations  shall  be  deducted  from  any  compensation  which 
such  employees  may  be  entitled  to  receive  under  the  terms  of  the  said  act. 

The  following  explanation  of  this  act  was  made  by  Mr.  Mann  in  the 
House  (January  9,  1909): 

It  has  been  the  custom  of  the  Isthmian  Canal  Commission  to  give  compensation 
to  an  injured  employee  whether  he  was  engaged  in  hazardous  employment  or  not, 
and  also  to  give  him  compensation  although  his  time  kept  from  employment  was  less 
than  15  days;  but  it  has  been  construed  that  the  Isthmian  Canal  Commission,  being 


workmen's  compensation  under  act  OF  MAY  30,  1908.      15 

included  in  the  law  passed  at  the  last  session,  is  controlled  by  that  law,  and  that 
under  that  law  the  former  practice  of  the  commission  is  changed  so  that  now  they  can 
not  pay  to  an  injured  employee  any  compensation  unless  that  employment  shall  be 
called  "hazardous"  employment,  nor  can  they  pay  him  any  compensation  unless  he 
is  kept  from  work  for  at  least  15  days.  The  purpose  of  this  bill,  which  is  asked 
for  both  by  the  Isthmian  Canal  Commission  and  the  labor  employed  on  the  canal,  is 
to  give  to  the  commission  the  power  to  pay  to  an  injured  employee  who  is  kept  from  his 
work  less  than  15  days  the  pay  for  that  time,  and  also  to  give  the  commission  the 
power  to  pay  although  the  employee  is  not  technically  engaged  in  hazardous  em- 
ployment. 

This  compensation  was  paid  to  the  employees  of  the  Isthmian  Canal 
Commission  under  regulations  adopted  on  June  11,  1907,  and  effective 
since  July  1,  1907.  This  special  accident  leave  could  not  exceed  30 
days,  and  was  known  as  "  meritorious  sick  leave,"  which  was  over  and 
above  the  ordinary  sick-leave  provisions.  But  by  a  decision  of  Sep- 
tember 1,  1908,  the  comptroller,  upon  request  of  the  Isthmian  Canal 
Commission  for  an  advance  decision  as  to  the  legality  of  these  pay- 
ments, ruled:  "That  this  enactment  (act  of  May  30,  1908)  is  exclusive, 
after  it  came  into  effect,  and  that  it  is  no  longer  in  the  power  of  the 
commission  by  regulation,  past  or  present,  to  enlarge  or  diminish  the 
provisions  of  that  act,"  and  that  the  commission  was  not  authorized 
to  pay  to  an  employee  who  is  entitled  to  the  benefits  of  the  act  of  May 
30,  1908,  any  compensation  for  an  injury,  if  the  period  for  which  he 
is  incapacitated  is  fifteen  days  or  less;  nor  to  pay  compensation  to 
an  employee  injured  through  his  own  negligence  or  misconduct, 
whether  the  duration  of  the  injury  is  more  or  less  than  fifteen  days. 
It  was  also  ruled  that  the  act  made  illegal  any  payments  of  compen- 
sation to  employees  not  covered  by  the  act.  (XV  Decisions  of  the 
Comptroller  of  the  Treasury,  p.  161.) 

The  act  of  February  24,  1909,  therefore  reestablished  the  conditions 
existing  under  the  regulations  of  June  11,  1907,  legalizing  the  com- 
pensation of  injuries  lasting  less  than  15  days,  and  also  injuries 
causing  disability  not  exceeding  30  days  to  persons  in  nonhazardous 
occupations  on  the  Isthmian  Canal;  it  also  gave  an  option  in  refer- 
ence to  cases  causing  disability  over  15  days  but  not  over  30  da}^s, 
which  may,  since  this  enactment,  be  compensated  either  under  the 
act  of  May  30,  1908,  or  that  of  February  24,  1909.  As  a  matter  of 
fact,  the  Isthmian  Canal  Commission  decided  not  to  avail  itself  of 
this  provision  of  the  law,  in  order  to  prevent  confusion  from  the 
complexity  of  reports,  and  practically  all  cases  causing  disability 
of  over  15  days  continued  to  be  adjudicated  by  the  Department  of 
Commerce  and  Labor  under  the  act  of  May  30,  1908,  until  March  4, 
1911.  On  this  date  a  second  amending  law  (36  U.  S.  Stat.  L.,  p. 
1453)  took  effect,  being  section  5  of  the  sundry  civil  appropriation 
bill  for  the  fiscal  year  ending  June  30,  1912.  By  this  amendment  the 
entire  administration  of  the  law,  in  so  far  as  it  affects  employees  of 


16  KEPORT   OF   THE   SECRETARY   OF   COMMERCE  AND  LABOR. 

the  Isthmian  Canal  Commission,  is  transferred  to  that  commission; 
the  law  is  extended  in  scope  so  as  to  include  all  employees  of  the  com- 
mission without  reference  to  the  hazardous  or  nonhazardous  character 
of  their  employment;  and  one  year  is  allowed  for  the  filing  of  claims 
in  case  of  death,  instead  of  90  days,  as  in  the  original  act.  The  sec- 
tion in  question  is  as  follows : 

Section  5.  That  hereafter  the  act  granting  to  certain  employees  of  the  United 
States  the  right  to  receive  from  it  compensation  for  injuries  sustained  in  the  course  of 
their  employment  shall  apply  to  all  employees  under  the  Isthmian  Canal  Commission 
when  injured  in  the  course  of  their  employment,  and  claims  for  compensation  on 
account  of  injury  or  death  resulting  from  an  accident  occurring  hereafter  shall  be 
settled  by  the  chairman  of  the  Isthmian  Canal  Commission,  who  shall,  as  to  such 
claims  and  under  such  regulations  as  he  may  prescribe,  perform  all  the  duties  now 
devolving  upon  the  Secretary  of  Commerce  and  Labor:  Provided,  That  when  an 
injury  results  in  death  claim  for  compensation  on  account  thereof  shall  be  filed  within 
one  year  after  such  death. 

The  third  amending  act  was  approved  March  11,  1912  (37  U.  S. 
Stat.  L.,  p.  7),  and  has  the  effect  of  including  employees  engaged  in 
hazardous  work  under  the  Bureau  of  Mines  or  the  Forestry  Service 
of  the  United  States  under  the  provisions  of  the  original  act.  This 
amendment  is  as  follows: 

That  the  provisions  of  the  act  approved  May  thirtieth,  nineteen  hundred  and  eight, 
entitled  "An  act  granting  to  certain  employees  of  the  United  States  the  right  to 
receive  from  it  compensation  for  injuries  sustained  in  the  course  of  their  employ- 
ment," shall,  in  addition  to  the  classes  of  persons  therein  designated,  be  held  to 
apply  to  any  artisan,  laborer,  or  other  employee  engaged  in  any  hazardous  work  under 
the  Bureau  of  Mines  or  the  Forestry  Service  of  the  United  States:  Provided,  That 
this  act  shall  not  be  held  to  embrace  any  case  arising'prior  to  its  passage. 

The  fourth  amendment  is  found  in  the  act  of  July  27,  1912,  author- 
izing additional  aids  in  the  Lighthouse  Service,  etc.  (37  Stat.,  238,  239) 
and  is  as  follows : 

And  hereafter  the  benefits  of  the  act  of  May  thirtieth,  nineteen  hundred  and  eight 
(Thirty-fifth  Statutes,  page  five  hundred  and  fifty-six),  entitled  "An  act  granting  to 
certain  employees  of  the  United  States  the  right  to  receive  from  it  compensation  for 
injuries  sustained  in  the  course  of  their  employment,"  shall  be  extended  to  persons 
employed  by  the  United  States  in  any  hazardous  employment  in  the  Lighthouse 
Service    *    *    *. 

ANALYSIS  OF  LAW  OF  MAY  30,  1908,  AS  AMENDED. 

A  topical  analysis  of  this  act  is  here  given  for  the  purpose  of  bringing 
out  its  essential  features. 

Injuries  compensated, — Injuries  received  in  the  course  of  employ- 
ment, causing  disability  for  more  than  15  days,  or  death,  if  not  due  to 
the  negligence  or  misconduct  of  the  employee  injured. 

Industries  covered. — Manufacturing  establishments,  arsenals,  navy 
yards,  construction  of  river  and  harbor  and  fortification  work,  con- 


workmen's  compensation  under  ACT  OF  MAY  30,  1908.      17 

struction  work  in  the  reclamation  of  arid  lands,  or  management  and 
control  of  the  same  (hazardous  employment  only),  all  employment 
under  the  Isthmian  Canal  Commission,  and  hazardous  employment 
under  the  Bureau  of  Mines,  the  Forestry  Service,  or  the  Lighthouse 
Service. 

Persons  covered  by  the  law. — Artisans  or  laborers  employed  by  the 
United  States  in  the  above-mentioned  works,  except  under  the  Isth- 
mian Canal  Commission,  where  all  employees  are  covered,  and  under 
the  Bureau  of  Mines,  the  Forestry  Service,  and  the  Lighthouse  Service, 
where  all  employees  engaged  in  any  hazardous  work  are  covered. 

Burden  of  payment. — The  burden  of  payment  falls  upon  the  branch 
of  service  or  office  where  the  person  injured  is  employed;  i.  e.,  it  comes 
from  the  same  appropriation  as  that  from  which  the  wages  have 
been  paid. 

Compensation  for  death. — One  year's  wages  minus  the  amount  due 
for  any  time  between  the  day  of  injury  and  the  day  of  death,  payable 
at  the  same  intervals  as  wages.  This  amount  is  payable  only  in  case 
a  widow,  or  children  under  16  years  of  age,  or  dependent  parents 
survive.  The  distribution  of  the  amount  of  compensation  among 
several  claimants  is  made  in  such  portions  as  the  Secretary  of  Com- 
merce and  Labor  may  prescribe.  If  a  widow  dies  during  the  year, 
her  amount  is  redistributed  among  the  other  beneficiaries,  if  any. 

Compensation  for  disability. — The  same  pay  as  if  the  injured  person 
had  continued  to  be  employed,  for  the  entire  time  of  disability,  but 
not  over  one  year. 

Administration. — Except  for  the  employees  of  the  Isthmian  Canal 
Commission,  the  administration  of  the  law  devolves  upon  the  Sec- 
retary of  Commerce  and  Labor.  It  is  made  the  duty  of  the  official 
superiors  of  the  injured  employees,  however,  to  transmit  reports  of 
accidents,  furnish  evidence  as  to  their  cause  and  nature,  and  to 
furnish  such  other  matter  as  may  be  required  by  the  rules  and  regu- 
lations prescribed  by  the  Secretary  of  Commerce  and  Labor.  The 
act  authorizes  the  Secretary  of  Commerce  and  Labor  to  prescribe 
rules  and  regulations  for  reporting  accidents  and  for  the  payment  of 
compensation  to  the  injured  employees  or  their  survivors,  to  deter- 
mine when  the  injured  employee  is  able  to  resume  work,  to  determine 
all  questions  of  negligence  or  misconduct,  to  direct  investigations  for 
the  purpose  of  obtaining  additional  evidence,  and  to  order  medical 
examinations  of  injured  employees  as  often  as  necessary,  at  least 
once  in  six  months. 

Reports  of  accidents. — Reports  of  all  accidents  occurring  to  any 
employee  covered  by  the  law  must  be  made  at  once  by  his  official 
superior  to  the  head  of  his  bureau  or  office,  for  immediate  communi- 
cation through  regular  official  channels  to  the  Secretary  of  Commerce 
and  Labor.  These  reports  must  state  the  time,  cause,  and  nature 
80557°— 13 2 


18  REPORT  OF   THE  SECRETARY   OF   COMMERCE   AND  LABOR. 

of  the  accident;  the  nature  and  probable  duration  of  the  resultant 
injury;  whether  the  accident  arose  out  of  or  in  the  course  of  em- 
ployment; whether  the  accident  was  due  to  the  negligence  or  mis- 
conduct of  the  injured  person;  and  any  other  matters  required  by 
the  rules  and  regulations  prescribed  by  the  Secretary  of  Commerce 
and  Labor. 

Presentation  of  claims. — In  accidents  resulting  in  death,  under  the 
original  act,  claims  must  be  filed  with  the  Secretary  of  Commerce 
and  Labor  within  90  days  after  death.  This  period  is  made  one  year 
in  cases  of  death  of  employees  of  the  Isthmian  Canal  Commission. 

In  accidents  resulting  in  disability,  claims  must  be  filed  within  a 
reasonable  period  after  the  expiration  of  the  first  15  days  of  disabil- 
ity with  the  official  superior,  to  be  forwarded  to  the  Secretary  of 
Commerce  and  Labor.     All  claims  must  be  sworn  to. 

Medical  examinations  and  certificates. — The  claim  must  be  accom- 
panied by  a  medical  certificate  of  the  attending  physician  stating,  in 
case  of  death,  the  fact  and  cause  of  death;  and  in  case  of  injury,  the 
cause  and  nature  of  the  injury  and  the  probable  duration  of  the  disa- 
bility. Failure  to  furnish  such  certificate  must  be  explained.  The 
injured  employee  is  required  to  subject  himself  to  a  medical  exami- 
nation as  often  as  required  by  the  Secretary  of  Commerce  and  Labor, 
which  must  be  at  least  once  in  six  months. 

PROCEDURE  UNDER  THE  LAW. 

Kegulations  (see  Appendix)  and  blank  forms  were  prepared  by  the 
Secretary  of  Commerce  and  Labor  for  use  in  the  administration  of  the 
law  and  for  the  guidance  of  claimants  and  their  official  superiors. 
Besides  the  data  called  for  by  the  law  itself,  the  Secretary  requests 
other  information  necessary  for  the  determination  of  rights  and  for 
use  as  accident  data.  This  information  is  desired  for  all  accidents 
causing  disability  of  more  than  one  day's  duration,  whether  or 
not  the  person  or  the  branch  of  service  is  covered  by  the  compen- 
sation provisions  of  the  law.  This  course  was  decided  upon  not  only 
because  of  the  difficulty  of  determining  in  advance  whether  a  branch 
of  service^  is  covered  by  the  law  and  what  persons  are  to  be  classed 
as  artisans  or  laborers,  but  also  because  of  the  advantages  of  obtain- 
ing complete  accident  statistics  for  the  entire  Government  service, 
which  included  in  1911  more  than  390,000  persons. 

INTERPRETATION  OF  THE  LAW. 

The  act  is  a  remedial  one,  its  purpose  being  to  provide  relief  in  cases 
of  injury  where  no  redress  was  obtainable,  the  Government  not  being 
subject  to  suit,  and  relief  through  congressional  action  being  tedious 
and  uncertain.  It  goes  beyond  a  grant  of  relief  in  cases  of  injury 
through  negligence,  however,  and  substitutes  for  the  old  doctrine  of 


WORKMEN'S  COMPENSATION   UNDEK  ACT  OF   MAY  30,   1908.       19 

employers'  liability  one  of  compensation  for  accidental  injury  with- 
out reference  to  the  proved  fault  of  the  employer,  and  without  con- 
sideration of  the  questions  of  fellow  service,  assumption  of  risks,  and 
contributory  negligence,  which  are  usually  brought  up  in  cases  in- 
volving injuries  to  employees.  As  is  the  legal  rule  in  the  administra- 
tion of  remedial  statutes,  a  liberal  construction  has  been  given  the 
law,  without,  however,  disregarding  its  provisions  or  extending  the 
law  beyond  its  prescribed  scope. 

The  administration  of  the  law  was  by  its  own  terms  committed  to 
the  Secretary  of  Commerce  and  Labor,  who  is  charged  with  the  deter- 
mination of  all  questions  of  negligence  or  misconduct  of  the  injured 
workman  such  as  should  bar  him  or  his  beneficiaries  from  compensa- 
tion under  the  act;  and  he  is  also  authorized  to  prescribe  regulations 
as  to  reporting  accidents  and  the  payment  of  benefits,  though  no  rule 
can  be  enforced  which  would  exempt  the  United  States  from  its  lia- 
bility under  the  act.  No  appeal  on  questions  of  fact  is  provided, 
though  the  usual  recourse  to  the  Attorney  General  is  open  to  the 
head  of  any  department  interested  in  the  determination  of  questions 
of  law.  It  is  not  contemplated  that  there  should  be  any  action  at 
law  to  secure  claims  under  the  act  under  any  circumstances.  Though 
attorneys  have  been  employed  by  some  claimants,  no  necessity  for 
such  employment  exists  to  secure  all  rights  under  the  act. 

While  the  act  has  been  administered  chiefly  through  the  Bureau 
of  Labor,  numerous  questions  of  law  have  arisen  on  which  the  advice 
of  the  Solicitor  of  the  Department  of  Commerce  and  Labor  has  been 
obtained,  and  in  a  few  cases  that  of  the  Attorney  General.  Rulings 
of  the  Comptroller  of  the  Treasury  have  also  been  made  on  some 
points.  A  considerable  body  of  legal  discussion  and  interpretation 
has  resulted,1  and  a  summary  of  the  principal  points  developed  is 
here  given.  The  system  of  presentation  is  analytical,  considering 
first  the  scope  of  the  law,  then  the  principles  involved,  and  the  details 
of  their  application  as  fixed  by  the  statute.  This  summary  is,  of 
course,  based  on  opinions  prepared  on  points  that  have  actually 
arisen,  no  attempt  having  been  made  to  anticipate  possible  condi- 
tions or  to  cover  all  points  that  might  arise  in  the  future,  though  it  is 
believed  that  with,  an  experience  of  nearly  four  years,  at  least  the 
principal  questions  involved  have  been  brought  under  consideration. 

CLASSES  OF  PERSONS  COVERED. 

The  first  condition  to  be  met  by  applicants  for  the  benefits  of  the 
act  is  that  they  shall  be  " employed  by  the  United  States."  This 
precludes  claims  of  employees  of  contractors  who  may  be  doing  work 
on  behalf  of  the  United  States,  but  are  not  directly  employed  thereby. 

1  Opinions  of  the  Solicitor  for  the  Department  of  Commerce  and  Labor,  dealing  with  workmen's  compen- 
sation, 646  pages,  Washington,  July,  1912. 


20  REPORT   OF   THE   SECRETARY   OF  COMMERCE  AND  LABOR. 

A  contractor  himself  was  likewise  excluded  in  a  case  where  he  had 
the  status  of  an  independent  contractor  and  the  rendition  of  personal 
service  was  not  essential  to  the  fulfillment  of  the  contract,  such  per- 
son not  being  carried  on  any  pay  roll  as  an  employee,  and  being  able 
to  perform  the  entire  contract  through  agents  or  employees  of  his 
own. 

Pieceworkers,  however,  are  within  the  law,  even  though  the  rate 
of  payment  includes  the  pay  of  a  helper  to  the  principal  worker,  as  in 
the  case  of  plate  printers  in  the  Bureau  of  Engraving  and  Printing. 

As  originally  enacted,  the  law  applied  only  to  persons  employed 
as  artisans  or  laborers,  and  the  limitation  set  by  these  terms  has  called 
for  a  determination  of  the  classification  of  employments  in  a  number 
of  cases.  Considering  the  matter  broadly,  it  was  held  in  a  compara- 
tively early  case  that  the  words  " artisans  and  laborers"  were  used 
as  indicating  ua  class  of  persons  commonly  referred  to  as  the  'labor- 
ing class,'  as  distinguished  from  the  leisure,  professional,  business, 
and  official  or  clerical  classes."  The  designation  given  an  employee 
on  the  pay  roll  or  otherwise  in  the  establishment  is  not  conclusive,  the 
question  being  one  of  the  actual  character  of  the  employment.  Man- 
ual labor  or  employment,  the  principal  element  of  which  is  the  appli- 
cation of  physical  force,  comes  generally  within  the  act,  so  that  per- 
sons employed  specifically  for  such  service  as  well  as  persons  not  desig- 
nated as  laborers  but  rendering  other  than  professional  or  clerical 
service  have  been  regarded  as  covered  by  it  as  well.  Thus  a  messen- 
ger doing  work  of  a  manual  character,  even  though  detailed  at  times 
to  do  clerical  work,  is  protected ;  so  also  a  policeman  or  watchman  on 
the  Canal  Zone,  a  sanitary  inspector  in  the  same  locality,  packers, 
stockmen,  and  clerks  with  manual  duties  in  navy  yards  and  the  com- 
missary service  on  the  Canal  Zone,  sailors  assisting  in  dredge  work, 
riggers  and  divers,  chainmen  and  axmen  in  survey  work,  and  an 
inspector  of  crossties,  piling,  and  lumber,  who  had  no  duty  of  super- 
vision but  inspected  and  marked  with  a  hammer  and  die  the  materials 
handled  in  a  supply  yard,  have  been  classed  as  arti  sans  or  laborers 
under  this  act.  Excluded  from  it  are  foremen  not  doing  manual 
labor,  office  employees  in  clerical  work,  draftsmen,  surveyors,  inspec- 
tors with  directive  powers  not  themselves  doing  labor,  telegrapher 
and  shipping  clerk,  the  master  or  pilot  of  a  steamer,  a  dock  master 
supervising  a  dock  force,  an  assistant  veterinarian,  and  a  laboratory 
assistant  employed  to  test  chemically  the  materials  used  in  an  arsenal. 

Amending  acts  applicable  to  particular  branches  of  service  have 
done  away  with  the  distinction  between  artisans  or  laborers  and 
other  employees  in  those  branches,  one  of  March  4,  1911,  relative 
to  work  in  the  Canal  Zone  making  the  law  applicable  to  "  all  employees 
under  the  Isthmian  Canal  Commission;"  while  the  act  of  March  11, 


wokkmen's  compensation  under  ACT  OF  MAY  30,  1908.      21 

1912,  extending  the  act  to  include  the  Bureau  of  Mines  and  the 
Forestry  Service,  covers  "any  artisan,  laborer,  or  other  employee 
engaged  in  any  hazardous  work"  in  these  services;  and  the  act  of 
July  27,  1912,  bringing  the  Lighthouse  Service  under  the  act  includes 
"  persons  employed  by  the  United  States  in  any  hazardous  employ- 
ment" in  this  service. 

DEPARTMENTS   AND   BRANCHES    OF    SERVICE. 

The  question  as  to  the  application  of  the  law  to  any  given  industry, 
employment,  or  branch  of  service  is  one  that  has  called  for  rulings 
in  a  variety  of  cases  in  order  to  define  the  terms  used  in  the  act. 
In  some  instances,  too,  the  question  of  the  hazard  of  the  employment 
is  involved,  the  law,  as  is  apparent,  covering  only  persons  engaged 
in  hazardous  employments  in  some  branches  of  service. 

Taking  up  the  terms  used  in  the  law  in  the  order  in  which  they 
are  named,  manufacturing  establishments  of  the  United  States 
have  been  defined  in  a  number  of  instances,  the  Government  Printing 
Office,  the  Bureau  of  Engraving  and  Printing,  and  the  mail-bag 
repair  shop  (in  which  a  variety  of  mail  equipment  is  made)  being 
perhaps  the  most  important  establishments  coming  under  this  desig- 
nation. Printing  done  as  a  mere  incident  of  the  office  work,  as  in 
a  station  of  the  Weather  Bureau,  does  not  give  the  office  status  as  a 
manufacturing  establishment.  A  quartermaster's  depot  where  cloth- 
ing and  tents  are  made,  a  saw  and  planing  mill  operated  by  the 
Government  on  one  of  its  reservations,  a  blacksmith  shop  at  which 
bolts,  drills,  and  other  articles  and  tools  used  in  connection  with  an 
irrigation  development  are  made  and  repaired,  a  lighthouse  depot 
where  materials  and  appliances  used  in  the  service  are  manufactured 
and  repaired,  the  mechanical  plant  at  the  Smithsonian  Institution 
at  which  cases,  cages,  and  museum  furniture  are  made,  and  a  car- 
penter shop  connected  with  an  Indian  school  at  which  mission 
furniture  is  made,  have  been  classed  as  manufacturing  establish- 
ments. A  plant  connected,  with  an  executive  department  in  which 
electric  light  and  power  are  produced  and  ice  for  departmental  use 
is  manufactured  are  also  within  the  law  on  this  basis.  An  artisan 
or  laborer  employed  in  or  about  such  an  establishment  is  entitled 
to  compensation  if  injured  in  the  line  of  duty,  even  though  his  employ- 
ment is  not  connected  with  the  manufacturing  operations  of  the 
establishment,  as,  for  instance,  a  freight  handler  or  a  house  painter. 
It  has  also  been  held  that  an  employee  of  such  an  establishment  may 
receive  compensation  even  though  he  be  employed  elsewhere  at  the 
time  of  receiving  his  injury,  as  in  the  case  of  a  press  feeder  in  the 
Bureau  of  Engraving  and  Printing  detailed  for  service  of  like  nature 
in  another  branch  of  the  Treasury,  or  of  a  carpenter  employed  in  a 


22  REPORT   OF   THE   SECRETARY  OF   COMMERCE  AND  LABOR. 

navy  yard  doing  work  on  a  hospital  building  outside  the  limits  of  the 
yard.  But  a  mere  testing  laboratory  and  a  mechanical  establish- 
ment not  actually  transforming  the  materials  handled  (as  an  aqueduct 
and  filtration  plant)  and  gauging  in  the  Internal  Revenue  Service 
are  not  within  the  act. 

As  to  the  word  "arsenal"  the  standard  definition  of  the  term  is 
regarded  as  excluding  a  place  where  arms  and  ammunition  are  kept 
merely  for  use  in  current  operations,  as  at  a  fort  or  at  the  Military 
Academy  at  West  Point. 

The  Navy  Department,  however,  classes  the  Naval  Academy  at 
Annapolis  and  the  Naval  Experiment  Station  near  that  point  as 
navy  yards,  and  this  has  been  accepted  as  bringing  these  estab- 
lishments within  the  law.  For  the  same  reason  a  naval  station  used 
as  a  coaling  depot  was  regarded  as  covered  by  the  statute,  the  depart- 
ment holding  that  the  term  "navy  yard"  is  "applicable  generally 
to  stations  under  naval  jurisdiction  where  artisans  or  laborers  are 
employed  in  the  prosecution  of  the  work  of  the  Naval  Establish- 
ment." 

In  so  far  as  the  law  applies  to  river  and  harbor  and  fortification 
work,  it  is  limited  to  the  work  of  construction.  This  has  been 
regarded,  however,  as  covering  generally  the  work  appropriated  for 
under  the  fortification  appropriation  acts,  as  work  on  the  electric 
wires  of  an  underground  system  of  electrification  at  a  fort,  or  on  the 
gun  carriages,  but  not  including  such  service  as  the  erection  of  an 
ice  house  at  the  distance  of  a  mile  or  more  from  the  fort  winch  it 
was  to  supply;  nor  does  the  law  cover  such  work  as  the  grading 
and  leveling  of  earth  for  the  building  of  officers'  quarters  at  Fort 
Leavenworth,  nor  the  work  of  a  painter  at  Fort  Meade,  the  work 
being  connected  with  nothing  that  could  be  considered  as  fortifica- 
tions or  defensive  work.  An  employee  in  an  ice  plant  furnishing 
supplies  to  laborers  on  a  dam,  quarrymen  getting  materials  for  con- 
struction, and  teamsters  and  stablemen  employed  in  connection 
with  such  an  undertaking  are  within  the  law  as  to  the  Reclamation 
Service. 

HAZARDOUS   EMPLOYMENTS. 

In  its  application  to  the  Reclamation  Service  the  law  is  limited 
to  hazardous  employment  in  work  of  construction  or  maintenance, 
and  for  two  and  one-half  years  the  same  limitation  affected  employees 
under  the  Isthmian  Canal  Commission.  Rulings  on  question  of 
hazard  are  obviously  difficult  since  they  would  seem  to  be  practically 
answered  by  the  fact  of  the  occurrence  of  the  injury  which  must  befall 
before  the  case  can  come  to  consideration,  and  the  fact  of  the  injury 
is  in  itself  proof  that  the  occupation  is  at  least  in  some  degree  haz- 
ardous. 


workmen's  compensation  under  act  OF  MAY  30,  1908.     23 

In  considering  this  phase  of  the  act  the  general  occupation  of  the 
injured  workman  was  regarded  as  the  decisive  factor  in  some  instances 
and  in  others  his  specific  employment  at  the  time  of  the  injury. 
In  the  absence  of  statutory  determination  the  rulings  necessarily 
reflect  an  estimate  as  to  the  hazard,  based  in  part  on  known  facts  as 
to  frequency  of  accident  and  in  part  on  conclusions  reached  from 
the  particular  circumstances.  Thus  on  the  Canal  Zone  the  follow- 
ing employees  were  held  to  be  in  hazardous  employments:  A  police- 
man; a  hospital  orderly,  injured  while  catching  an  escaped  insane 
patient;  the  driver  of  an  ambulance;  a  time  inspector  whose  duty 
required  him  to  go  upon  the  excavation  and  construction  work;  a 
messenger  boy  who  had  to  cross  tracks  at  a  railroad  yard;  a  water 
boy  who  stood  on  a  high  wall  to  serve  the  workmen ;  a  laborer  clearing 
ground  by  the  use  of  a  machete  to  cut  small  trees;  a  laborer  attend- 
ing a  printing  press;  teamsters;  a  carpenter;  a  plumber  and  tinner; 
a  hotel  porter  taking  baggage  to  a  station;  a  waiter  injured  while 
lifting  supplies  on  a  dredge. 

The  following  were  held  not  to  be  employed  in  hazardous  employ- 
ments: Laborers  in  the  Quartermaster's  Department;  laborer  on  deliv- 
ery wagon;  acting  postmaster  struck  by  train  while  going  for  mail; 
cook;  janitor;  storeroom  clerk,  opening  barrels;  scavenger,  sanitation 
department;  laborers  clearing  ground  by  the  use  of  scythes  to  cut 
grass,  bushes,  etc. ;  water  boy  serving  water  to  crew  clearing  ground, 
who  struck  scythe  hidden  in  the  grass. 

In  the  Reclamation  Service  a  ditch  rider,  a  quarry  man,  an  ice- 
plant  attendant  who  fell  from  a  ladder,  and  a  gas-engine  tender  were 
held  to  be  within  the  act,  while  a  cook's  helper  was  held  not  to  be  in 
a  hazardous  employment. 

In  so  far  as  the  rulings  above  noted  relate  to  the  Canal  Zone  they 
are  not  of  current  importance,  since  the  question  of  hazard  no  longer 
affects  the  application  of  the  law  in  that  field,  but  they  show  the  line 
drawn  in  an  attempt  to  apply  the  test  of  hazard.  Thus  far  no  case  has 
arisen  in  connection  with  the  Bureau  of  Mines,  the  Forestry  Service, 
or  the  Lighthouse  Service,  but  from  the  foregoing  it  is  reasonably 
clear  that  all  station  or  field  work  in  carrying  out  the  purposes  of  the 
services,  not  clerical  and  not  strictly  supervisory  or  administrative, 
would  probably  be  included  in  the  act. 

EXCLUDED    SERVICES    AND   EMPLOYMENTS. 

While  it  might  be  left  to  inference  that  the  preceding  enumeration 
of  services  and  employments  sufficiently  indicates  the  scope  of  the 
act,  the  fact  remains  that  applications  for  benefits  were  received  in  a 
number  of  cases  in  which  it  was  held  that  the  law  does  not  apply. 
Some  of  these  refer  to  the  Lighthouse  Service,  afterwards  included, 


24  REPORT   OF   THE   SECRETARY  OF   COMMERCE  AND  LABOR. 

but  omitting  these  it  may  be  noted  that  claims  were  rejected  on 
grounds  of  noninclusion  within  the  law  in  case  of  a  carpenter  working 
on  improvements  to  the  water-supply  system  at  West  Point,  of  rural 
mail  carriers,  a  lineman  employed  by  the  Signal  Corps  of  the  Army, 
a  stevedore  in  the  Army  Transport  Service,  laborers  at  post  offices, 
customhouses,  or  executive  buildings  generally,  an  elevator  conductor 
in  a  Federal  building,  a  powder  man  in  highway  construction  in 
Alaska,  a  laborer  building  a  power  plant  in  the  congressional  build- 
ings, etc.  The  number  of  claims  rejected  on  this  ground  is  shown  in 
Table  II,  page  93,  but  this  by  no  means  indicates  the  number  of 
persons  injured  who  are  not  within  the  act,  since  once  an  adverse 
ruling  as  to  any  class  becomes  known,  claims  from  persons  of  that 
class  are  generally  no  longer  made. 

FUNDAMENTAL   PRINCIPLES. 

The  most  important  questions  involving  what  may  be  considered 
as  the  fundamental  principles  of  the  act  are  in  regard  to:  (1)  What 
constitutes  an  injury;  (2)  the  interpretation  of  the  clause  "in  the 
course  of  employment";  (3)  what  constitutes  negligence  or  mis- 
conduct such  as  to  bar  compensation. 

INJURY   AND   ACCIDENT. 

It  was  established  early  in  the  administration  of  the  law  (in  the 
case  of  Alfred  E.  Clark,  plate  printer,  in  the  Bureau  of  Engraving  and 
Printing,  who  sustained  a  sprain  of  the  wrist  with  a  rupture  of  the 
synovial  sac  surrounding  the  ligaments  while  working  on  a  hand  press), 
by  an  opinion  of  the  Attorney  General,  that  "within  the  language  of 
the  statute,  an  employee  may  be  injured  in  the  course  of  his  employ- 
ment without  having  suffered  a  definite  accident,"  though  the  later 
sections  of  the  act  refer  to  accidents  as  well  as  injuries.  In  line  with 
this  decision,  many  cases  of  hernia  have  been  ruled  as  coming  under 
the  law,  where  a  suddenly  occurring  injury  could  be  proved,  though 
not  what  would  properly  be  described  as  an  accident.  No  external 
mark  is  necessary,  so  that  the  death  of  a  man  previously  strong  and 
active  but  complaining  of  distress  following  a  strain  may  properly  be 
regarded  as  within  the  statute,  no  other  assignable  cause  of  death 
appearing;  so  also  where  there  is  disability  following  a  nervous  shock 
caused  by  an  accident,  even  though  there  be  no  physical  contact  or 
lesion. 

An  illness  caused  by  exposure  during  employment  (as  pneumonia 
following  exposure  to  inclement  weather)  does  not  give  rise  to  a  claim 
for  compensation;  nor  are  lead  poisoning  and  other  trade  diseases 
regarded  as  covered,  since  the  use  of  the  word  "accident"  in  the 
statute  implies  a  more  definite  point  of  time  than  would  be  the  case 
where  cumulative  eifects  are  the  results  of  causes  operating  through 


workmen's  compensation  under  ACT  OF  MAY  30,  1908.     25 

an  extended  period.  But  an  oedema  of  the  lungs  following  the  inha- 
lation of  smoke  from  a  blast  in  a  tunnel,  and  an  ulcerated  throat 
resulting  from  breathing  fumes  while  repairing  an  acid  tank  were 
held  to  be  injuries  coming  within  the  law;  as  was  a  case  of  ' 'bends" 
or  compressed-air  sickness,  such  diseases  being  traumatic  as  dis- 
tinguished from  those  of  an  idiopathic  nature.  The  freezing  of  a 
workman's  feet  while  employed  in  an  exposed  place  and  cases  of 
inflamed  eyes  due  to  working  in  dust  about  a  rock  crusher  or  to  expo- 
sure to  irritating  fumes  are  within  the  act.  Compensation  has  been 
allowed  in  case  of  disability  following  vaccination  performed  under 
official  orders,  no  question  of  accident  being  raised. 

A  preexisting  disease,  susceptibility,  or  weakness  not  sufficient  to 
interfere  with  employment  may  be  aggravated  by  an  injury  that 
would  not  presumably  incapacitate  a  sound  man,  in  which  case  the 
injury  will  support  a  claim  for  compensation,  since  it  is  the  injury 
and  not  the  preexisting  weakness  that  is  the  direct  cause  of  disability; 
and  conversely,  in  a  case  in  which  an  accident  occurring  in  the  course 
of  employment  greatly  weakened  the  system  of  the  injured  person, 
without  absolutely  compelling  suspension  of  work,  and  a  disease 
resulted  fatally,  quite  probably  on  account  of  the  increased  suscep- 
tibility and  reduced  recuperative  power,  it  was  ruled  that  a  claim  for 
compensation  could  properly  be  enforced  under  the  act. 

COURSE    OF  EMPLOYMENT. 

The  language  of  the  act  gives  compensation  to  all  injuries  sustained 
'  'in  the  course  of  employment."  Thus  it  is  broader  than  the  language 
of  the  British  act  and  many  others  limiting  the  right  to  accidents 
arising  out  of  and  in  the  course  of  employment.  Under  the  text  of 
the  law  practically  all  injuries  arising  during  employment  were  held 
as  arising  in  the  course  of  the  employment,  even  if  due  to  an  act  not 
directly  connected  with  the  nature  of  the  employment,  such  as,  for 
instance,  being  bitten  by  a  mad  dog;  or  being  struck  by  a  foreman, 
without  negligence  or  misconduct  on  the  part  of  the  workman,  result- 
ing in  the  breaking  of  an  arm;  so  also  a  foreman  being  injured  while 
stopping  a  fight  between  two  workmen;  but  not  of  a  workman  inter- 
fering in  a  fight  when  the  maintenance  of  discipline  was  no  part  of 
his  duties;  and  where  the  accident  causing  the  injury  was  due  to  the 
fact  that  the  workman  was  employed  in  a  place  of  danger  from  which 
he  fell  on  account  of  an  epileptic  fit,  to  which  he  was  subject,  it  was 
held  that  it  was  an  injury  in  the  course  of  employment,  and  compen- 
sation was  allowed. 

In  a  number  of  cases  the  question  arose  as  to  whether  an  injury 
received  while  going  to  or  coming  from  work  or  just  before  the 
beginning  or  after  the  conclusion  of  work  was  an  injury  hi  the  course 
of  employment.     In  general  it  is  held  that  a  laborer  going  to  or 


26  EEPOET   OF   THE   SECRETARY   OF   COMMERCE  AND  LABOR. 

coming  from  work  along  a  public  highway  is  not  in  the  course  of  his 
employment,  though  compensation  may  be  allowed  if  the  injury 
occurred  while  an  employee  was  being  conveyed  to  or  from  the  place  of 
employment  in  Government  trains,  or  other  conveyances,  or  was  taking 
a  special  route,  on  Government  property.  On  the  other  hand  it  has 
been  uniformly  held  that  injuries  occurring  on  the  premises  of  the 
employment  within  a  reasonable  time  before  beginning  work  or  before 
leaving  after  the  day's  work  were  properly  in  the  course  of  employ- 
ment. And  where  his  employment  requires  a  workman  to  occupy 
living  and  sleeping  quarters  furnished  by  the  Government,  injuries 
at  quarters  may  give  rise  to  claims,  even  though  they  occur  outside 
the  hours  of  work. 

NEGLIGENCE    OR    MISCONDUCT. 

The  statute  in  terms  bars  claims  to  compensation  "  where  the 
injury  is  due  to  the  negligence  or  misconduct  of  the  employee 
injured."  In  construing  these  provisions  it  is  considered  that  the 
negligence  contemplated  involves  the  idea  of  misconduct  or  volun- 
tary and  unnecessary  exposure  to  an  obvious  danger.  It  must  be 
something  more  than  a  mere  inadvertence  or  error  of  judgment,  nor 
is  it  to  be  presumed  that  workmen  employed  about  machines  will  be 
uniformly  vigilant  and  avoid  movements  more  or  less  mechanical 
and  involuntary,  even  though  their  actual  effect  is  to  cause  injury. 
So  also  it  is  not  negligence  barring  a  claim  where  a  workman  intent 
on  the  performance  of  his  work  momentarily  forgets  a  known  danger 
and  is  injured  by  reason  of  such  forgetfulness.  It  will  not  be  assumed 
that  one  is  negligent  because  injured  under  circumstances  which  in 
the  opinion  of  another  allowed  time  to  escape  the  danger,  the  pre- 
sumption being  that  one  exposed  to  a  known  impending  danger 
would  use  his  best  endeavor  to  escape.  So  also  obeying  an  unwise 
impulse  in  the  face  of  threatened  danger,  resulting  in  injury,  though 
not  caused  by  the  peril  anticipated,  is  not  negligence,  since  one  is  not 
held  to  the  same  degree  of  caution  when  in  a  position  of  peculiar 
hazard  as  when  in  accustomed  surroundings.  The  violation  of  a 
rule  that  had  not  been  enforced  and  whose  violation  would  not,  apart 
from  defective  conditions,  probably  result  in  serious  injury,  is  not  to 
be  regarded  as  negligence,  since  rules  must  be  both  reasonable  and 
enforced  to  be  binding. 

On  the  other  hand,  where  injury  results  from  the  obvious  careless- 
ness of  a  workman,  as  in  neglecting  to  cut  off  the  air  in  a  pump  on 
which  repairs  were  being  made,  or  voluntarily  reaching  under  a 
moving  car  for  self-serving  ends,  or  attempting  to  alight  from  or 
board  moving  trains  by  persons  not  employed  in  railway  service,  or 
the  reckless  handling  of  a  locomotive  in  a  place  of  obvious  danger,  or 
neglecting  customary  precautions  in  working  about  electric  apparatus, 


workmen's  compensation  under  ACT  OF  MAY  30,  1908.      27 

or  assuming  or  remaining  in  positions  of  known  or  obvious  danger, 
claims  for  compensation  are  disallowed.  The  violation  of  an  estab- 
lished rule  or  disobedience  of  orders  may  be  connected  with  classes 
of  conditions  named  above,  and  this  affords  added  reasons  for  deny- 
ing claims  for  benefits.  It  is  clear  that  in  each  case  the  facts  involved 
are  of  prime  importance,  so  that  the  statement  of  principles  is  only 
suggestive,  and  while  a  very  considerable  number  of  claims  have  been 
disallowed  on  this  ground,  many  cases  have  received  favorable  con- 
sideration that  under  the  strict  rules  of  a  liability  law  would  have 
been  dismissed. 

ADMINISTRATIVE   DETAILS. 

Several  opinions  relate  to  what  may  be  grouped  as  the  adminis- 
trative details  of  the  law.  Thus  the  period  of  compensation,  which 
can  not  exceed  one  year,  is  held  to  begin  to  run  on  the  day  following 
the  injury  and  to  terminate  with  the  anniversary  of  the  day  of  injury. 
This  rule  is  modified  where  the  disability  begins  only  after  the  lapse 
of  some  time,  the  period  of  compensation  dating  in  such  case  from 
the  date  of  the  actual  commencement  of  the  disability.  It  was  held, 
however,  that  both  the  cause  of  the  disability  and  its  inception  must 
be  of  a  date  subsequent  to  the  date  fixed  for  the  law  to  come  into 
effect. 

The  law  allows  compensation  only  in  cases  causing  disability  in 
excess  of  15  days,  but  any  fraction  of  a  day  above  15  is  regarded  as 
meeting  this  requirement.  The  days  need  not  be  consecutive,  and 
if  an  injured  person  resumes  work  after  less  than  15  days'  disability, 
but,  after  a  time  finds  himself  compelled  to  quit  by  reason  of  the  same 
injury,  compensation  may  be  claimed  when  the  sum  of  the  periods  of 
cessation  from  labor  is  greater  than  15  days.  Intervening  Sundays 
and  holidays  are  considered,  since  the  question  of  working  time  lost 
is  not  made  the  basis  of  computation.  If,  however,  one  is  physically 
able  to  resume  work  after  not  more  than  15  days  and  Sundays  or 
holidays  intervene  to  cause  a  loss  of  time  in  excess  of  15  days,  no 
claim  for  compensation  is  supported  thereby,  since  the  question  is 
not  one  of  opportunity  but  of  disability. 

The  ability  to  resume  work  which  marks  the  termination  of  com- 
pensation payments  is  construed  to  be  ability  to  return  to  the  regular 
work  of  the  injured  person's  employment,  and  one  can  not  be  required 
to  accept  other  employment  of  a  different  nature,  even  though 
physically  able  to  render  the  service  involved  therein.  If  an  injured 
workman  accepts  such  work  without  reduction  of  pay,  it  is  considered 
that  his  compensation  under  the  act  ceases,  his  right  thereto  being 
merged  in  his  right  to  receive  wages.  If,  however,  the  workman 
should  be  discharged  or  his  pay  reduced  on  account  of  disability  due 
to  the  injury,  his  right  to  compensation  would  revive  unless  the  full 
period  of  one  year  had  expired.     A  person  who  is  unable  to  resume 


28  REPORT   OF   THE   SECRETARY   OF  COMMERCE  AND  LABOR. 

work  and  is  discharged  can  accept  different  employment  elsewhere 
without  affecting  his  right  to  compensation.  Resumption  of  one's 
regular  work  terminates  all  compensation  payments  even  though 
an  actual  partial  disability — as  from  maiming,  or  the  loss  of  an  eye — 
persists  and  will  be  permanent.  Ability  to  return  to  work  can  not 
be  determined  by  an  estimate  as  to  the  probable  results  of  a  form  of 
treatment  which  the  injured  person  declines  to  accept,  the  law 
authorizing  no  rule  to  require  surgical  or  medical  treatment. 

When  compensation  is  being  paid  and  the  resumption  of  work  on 
recovery  is  impracticable  by  reason  of  conditions  connected  with  the 
treatment  of  the  case,  the  payments  do  not  cease  until  the  workman 
is  restored  to  a  position  to  commence  service.  Thus  a  workman  sent 
from  the  Canal  Zone  to  New  York  City  for  hospital  treatment  not 
available  on  the  zone  was  allowed  compensation  not  only  during  his 
detention  in  the  hospital,  but  after  discharge  and  until  the  termination 
of  his  journey  to  the  place  of  his  employment. 

The  rate  of  compensation  is  such  pay  as  the  injured  person  would 
have  received  if  he  had  continued  to  be  employed.  This  includes  an 
allowance  for  such  subsistence  as  he  may  have  been  receiving  in  addi- 
tion to  money  wages,  and  also  calls  for  an  increase  in  the  compensation 
in  case  of  any  increase  in  pay  that  would  have  affected  him  within  the 
time  of  his  disability.  Completion  or  suspension  of  the  work  on  which 
he  was  employed  does  not  put  an  end  to  compensation  payments, 
since  he  is  to  be  paid  during  disability  the  same  as  if  he  had  continued 
to  be  employed.  No  provision  is  made  for  scaling  compensation 
in  any  case  where  payments  are  due,  so  that  persons  partially  disabled 
or  parents  partially  dependent  receive  necessarily  the  full  rate  of 
wages  so  long  as  they  are  entitled  to  any  compensation  whatever. 

Beneficiaries  of  deceased  workmen  under  the  act  are  limited  to 
widows,  children  under  16  years  of  age,  and  dependent  parents. 
An  illegitimate  wife  or  the  divorced  wife  of  a  deceased  workman  is 
not  in  her  own  right  entitled  to  compensation,  but  the  amount  payable 
on  account  of  children  of  the  deceased  may  be  paid  to  such  illegitimate 
or  divorced  wife  as  guardian  and  for  the  benefit  of  children  of  the 
deceased  entitled  to  compensation.  The  term  child  or  children  as 
used  in  the  act  is  construed  to  mean  offspring,  whether  the  fruit  of  a 
legitimate  union  in  marriage  or  otherwise. 

Parents  are  not  entitled  to  compensation  unless  dependent,  and 
partial  dependence  is  construed  as  dependence  within  the  meaning 
of  the  act.  Actual  contributions  to  support  within  a  given  time 
are  evidential,  but  are  not  the  only  criterion.  The  natural  and 
equitable  claim  of  parents  upon  their  children  for  support,  together 
with  a  showing  of  actual  needs  in  view  of  their  age,  earning  capacity, 
and  position  in  life,  may  be  a  sufficient  warrant  for  a  grant  of  com- 
pensation even   though   no   actual  contributions  for   their  support 


workmen's  compensation  under  ACT  OF  MAY  30,  1908.      29 

were  being  made.  A  parent  by  adoption  may  be  a  beneficiary,  as 
may  an  adopted  child,  but  stepchildren  and  stepfathers  and  step- 
mothers are  not  within  the  act. 

In  case  of  death  from  injury,  following  a  period  of  disability,  the 
beneficiary  is  entitled  to  compensation  for  the  unexpired  remainder 
of  the  year,  the  injured  person  himself  being  entitled  to  the  amount 
accruing  before  death.  If,  however,  no  claim  has  been  made  prior 
to  the  death  it  is  held  that  the  spirit  and  purpose  of  the  act  warrant 
the  payment  of  compensation  for  the  period  of  disability  prior  to  the 
death,  as  well  as  for  the  remainder  of  the  year,  to  the  proper  benefi- 
ciaries under  the  act. 

The  act  contains  no  provision  for  meeting  medical  or  funeral 
expenses  of  employees  dying  as  a  result  of  injury  in  cases  where  no 
beneficiary  survives,  nor  does  it  provide  for  a  dependent  widower 
even  though  by  reason  of  infirmity  he  might  be  entirely  dependent 
on  his  wife's  earnings.  If,  however,  an  injured  workman  dies  after 
a  period  of  disability,  the  compensation  to  which  he  was  entitled  at 
the  time  of  his  death  is  an  asset  of  his  estate  and  may  be  paid  thereto 
even  though  there  be  no  beneficiaries  under  the  act,  and  though  he 
submitted  no  claim  before  his  death. 

The  distribution  of  the  amount  of  compensation  is  committed 
entirely  to  the  Secretary  of  Commerce  and  Labor,  the  word  "por- 
tions" as  used  in  the  act  referring  not  to  division  into  weekly,  monthly, 
or  other  payments,  but  to  the  amounts  payable  to  each  of  several 
claimants,  and  this  authority  is  said  to  extend  so  far  as  to  enable 
him  to  entirely  exclude  one  or  more  claimants  in  behalf  of  another 
or  others. 

The  limitations  of  the  statute  require  claims  in  case  of  death  to 
be  filed  within  90  days,  and  in  nonfatal  cases  "within  a  reasonable 
period."  The  prescription  in  cases  of  death  is  regarded  as  manda- 
tory, but  if  diligence  has  been  shown  by  the  claimant  within  the 
time  limit  set,  and  the  formal  completion  of  the  claim  is  delayed  by 
acts  of  the  official  superior  of  the  deceased  workman,  it  has  been 
held  that  the  law  was  complied  with.  It  is  the  date  of  the  delivery 
of  the  claim  and  not  the  date  of  the  affidavit  that  determines,  and 
deposit  in  the  mail  is  not  delivery,  but  delivery  to  an  official  superior 
of  the  deceased  employee  in  accordance  with  regulations  prescribed 
by  the  Secretary  of  Commerce  and  Labor  is  construed  as  being  a 
filing  with  the  Secretary  within  the  meaning  of  the  act.  The  filing 
of  a  claim  by  one  of  any  number  of  beneficiaries  gives  jurisdiction  of 
the  case  so  that  the  Secretary  can  make  the  proper  awards  even 
though  a  known  beneficiary  (in  the  case  in  hand  a  minor  child)  has 
not  filed  a  claim  in  his  own  behalf  within  the  time  limit,  or  even  if 
no  claim  is  filed,  since  such  person's  right  to  compensation  is  abso- 
lute in  case  any  claim  is  valid. 


30  REPORT   OF   THE   SECRETARY  OF  COMMERCE  AND  LABOR. 

The  limitation  of  90  days  was  found  to  operate  to  prevent  the 
award  of  a  number  of  claims  in  cases  on  the  Canal  Zone,  where  the 
beneficiaries  were  residents  of  foreign  countries  and  were  often 
ignorant  of  their  rights  and  remote  from  postal  conveniences.  For 
this  and  perhaps  other  reasons  the  amendment  of  March  4,  1911, 
modifying  the  law  in  its  application  to  employees  under  the  Isthmian 
Canal  Commission,  extended  the  time  for  claims  on  account  of  death 
to  one  year.  A  practice  had  already  grown  up,  however,  of  per- 
mitting the  consular  officer  of  the  country  of  which  the  deceased 
was  a  citizen  to  file  an  affidavit  in  behalf  of  prospective  beneficiaries, 
and  the  ratification  of  this  action  by  the  claimant  was  held  to  amount 
to  a  filing  of  claim  as  of  the  date  of  the  action  taken  by  the  consular 
officer. 

As  to  the  "reasonable  period"  within  which  claims  must  be  filed 
by  persons  claiming  compensation  for  nonfatal  accidents,  it  is  appar- 
ent that  the  circumstances  in  each  case  must  be  considered  in  order 
to  determine  what  is  reasonable,  so  that  no  fixed  rule  can  be  laid 
down. 

Submission  to  medical  examination  at  least  once  in  six  months  is 
mandatory  on  the  workman,  but  is  regarded  as  only  directory  as  to 
the  Secretary  of  Commerce  and  Labor,  so  that  no  right  to  compensa- 
tion is  lost  by  the  failure  of  the  latter  to  provide  for  an  examination. 

Where  the  circumstances  of  the  original  injury  clearly  indicate  a 
permanent  incapacity  of  the. injured  person  to  resume  his  employ- 
ment, the  Secretary  may  in  his  discretion  waive  the  examination  at 
the  end  of  six  months,  and  approve  the  payment  for  the  full  term  of 
one  year.  The  employee's  rights  are  lost  only  by  a  refusal  to  submit 
to  an  examination  when  one  has  been  ordered  by  the  Secretary  with- 
out expense  to  the  employee,  and  the  employee  has  been  advised  of 
the  requirement  that  he  shall  be  examined. 

MISCELLANEOUS   QUESTIONS. 

Among  the  rulings  of  some  interest  that  followed  the  submission 
of  questions  of  a  miscellaneous  nature  is  one  to  the  effect  that  there 
is  nothing  in  the  act  to  justify  the  following  of  a  man  who  has  volun- 
tarily left  service  so  as  to  give  him  the  benefits  of  the  act  where 
disability  afterwards  developed,  though  if  the  person  left  service 
because  he  was  unable  by  reason  of  the  injury  to  continue  work  and 
was  ignorant  of  his  rights,  evidence  may  justify  the  approval  of  a 
claim  subsequently  submitted;  and  that  the  continuance  of  compen- 
sation payments  must  be  warranted  by  the  actual  and  appreciable 
consequences  of  the  injury,  and  not  due  to  senile  or  other  bodily 
infirmity,  though  this  rule  will  not  go  so  far  as  to  cut  off  the  compen- 
sation of  a  man  who  from  age  or  other  cause  makes  less  rapid  recovery 
than  a  vigorous  man  would  probably  do ;  that  an  employee  who  has 
returned  to  work  after  an  injury  and  is  again  hurt  in  the  same  mem- 


workmen's  compensation  under  ACT  OF  MAY  30,  1908.     31 

ber,  which  had  not  fully  recovered  its  strength,  the  claim  is  a  new 
one  and  the  year  of  possible  compensation  dates  from  the  time  of 
the  second  injury;  and  that  the  authority  of  the  Secretary  of  Com- 
merce and  Labor  to  make  regulations  under  which  compensation 
shall  be  paid  does  not  authorize  him  to  commit  to  any  other  person 
the  power  of  passing  on  claims  for  compensation. 

STATISTICAL  OPERATIONS. 

PERSONS    COVERED   BY   THE   LAW. 

The  number  of  persons  covered  by  the  law  can  not  be  stated 
accurately.  According  to  the  estimate  made  by  the  Judiciary  Com- 
mittee of  the  House  of  Representatives  (H.  Kept.  1669,  60th  Cong., 
1st  sess.)  there  were  approximately  6,600  artisans  and  laborers  in 
arsenals,  armories,  and  other  manufacturing  establishments;  the 
navy  yards,  naval  stations,  etc.,  under  the  Navy  Department, 
employed  approximately  25,000  men;  in  the  river  and  harbor  work 
the  Government  employed  approximately  12,800  artisans  and 
laborers,  and  approximately  11,000  in  hazardous  occupations  on  the 
Isthmian  Canal.  This  gives  a  total  of  55,400  persons  to  be  covered 
by  the  new  law,  in  the  four  enumerated  groups,  as  the  estimate  of 
the  House  committee.  Adding  about  1,900  persons  in  the  Life- 
Saving  Service  and  14,300  persons  in  the  Railway  Mail  Service,  the 
committee  estimated  the  total  number  of  persons  that  would  be  pro- 
tected after  the  adoption  of  the  law  as  71,600. 

The  estimate  of  the  House  committee  did  not  include,  however,  the 
Bureau  of  Engraving  and  Printing,  with  about  4,000  employees,  the 
Government  Printing  Office,  with  about  4,000  employees,  and  the 
mints,  with  about  1,250  employees.  In  addition,  the  fortification 
works  and  the  Reclamation  Service  were  brought  in  by  amendment 
in  the  Senate.  An  estimate  of  the  Department  of  the  Interior  places 
the  number  of  persons  employed  in  work  in  the  Reclamation  Service 
of  the  character  considered  at  4,000,  Moreover,  the  estimate  of  the 
employees  of  the  Isthmian  Canal  Commission  made  by  the  House  com- 
mittee was  found  to  be  too  low.  The  average  number  of  persons 
actually  employed  in  the  Canal  Zone  in  the  fiscal  year  ending  June 
30,  1909,  fluctuated  between  24,000  and  27,000,  and  may  be  roughly 
put  at  25,000.  Thus  the  estimate  of  the  House  committee  must  be 
increased  by  about  27,250  persons,  giving  a  total  of  approximately 
82,650  persons  coming  under  the  law  as  enacted. 

Subsequent  amendments  already  noted  increase  the  number  of 
persons  employed  under  the  Isthmian  Canal  Commission  to  whom  the 
law  applies  by  making  it  general  instead  of  restricting  it  to  those  in 
hazardous  employments.  During  the  fiscal  year  ending  June  30, 
1911,  in  the  course  of  which  this  amendment  was  made,  the  number 
of  employees  under  the  commission  ranged  from  26,000  to  30,000, 
averaging  about  28,900.     The  number  of  persons  in  the  Bureau  of 


32  REPORT    OF   THE   SECRETARY   OF   COMMERCE   AND   LABOR. 

Mines,  brought  in  by  the  amendment  of  March  11,  1912,  is  given  at 
174,  while  for  the  Forestry  Service,  included  in  the  same  act,  the  num- 
ber fluctuates  greatly  with  the  seasons  of  the  year.  The  number  of 
regular  employees  on  the  rolls  in  the  summer  of  1911  that  would 
probably  come  within  the  law  was  2,560,  while  in  July  there  were  681 
temporary  employees.  During  the  disastrous  fire  season  of  1910, 
over  25,000  temporary  laborers  were  employed  in  a  single  month, 
almost  ail,  if  not  entirely  all,  of  whom  were  engaged  in  hazardous 
employment.  In  the  Lighthouse  Service,  covered  by  the  amend- 
ment of  July  30,  1912,  it  is  estimated  that  5,166  employees  are  in 
hazardous  employments.  The  number  of  persons  added  would, 
therefore,  amount  to  a  minimum  of  12,000,  with  a  possibility  of  great 
increase  in  conditions  of  emergency,  such  as  affected  the  Forestry 
Service  in  1910,  so  that  the  total  number  of  persons  under  the 
amended  act  would  not  fall  far  short  of  95,000,  to  which  are  to  be 
added  the  temporary  employees  of  the  Forestry  Service.  Approxi- 
mately 15,000  are  to  be  added  on  account  of  provisions  for  life-saving 
and  postal  employees,  making  nearly  110,000  persons  given  some  sort 
of  compensation  provision,  this  being  less  than  30  per  cent  of  the 
civilian  employees  of  the  United  States. 

PERIOD    COVERED   BY   REPORT. 

It  is  important  to  bear  in  mind  that  in  this  report  of  the  operations 
of  the  act  during  the  first  three  years  of  its  existence  there  is  con- 
sidered not  only  the  action  taken  within  the  period  covered,  but  also 
the  action  called  for  by  such  accidents  as  occurred  in  this  time,  so 
that  the  report  shows  the  results  of  the  accidents  up  to  and  including 
the  final  settlement  of  compensation  claims. 

Some  delay  in  sending  in  reports  was  inevitable,  and  this  delay  is 
necessarily  increased  in  cases  of  claims.  While  death  claims  must 
under  the  law  be  filed  within  90  days,  claims  for  disability  need  be 
presented  only  "within  a  reasonable  period,"  and  it  has  developed  in 
practice  that  claims  submitted  after  the  lapse  of  several  months  have 
been  admitted  for  satisfactory  reasons.  Furthermore,  as  payments 
may  continue  for  a  full  year  after  the  beginning  of  disability,  and  the 
disability  may  arise  some  time  subsequent  to  the  occurrence  of  the 
accident  causing  it,  it  follows  that  claims  for  such  disability  will  be 
finally  disposed  of  and  complete  returns  made  only  after  the  lapse  of 
a  considerable  time  after  the  end  of  the  fiscal  year  within  which  the 
accident  occurred.  The  present  report,  therefore,  really  covers 
various  operations  under  the  law  extending  over  four  years,  and  even 
more,  but  is  limited  to  such  acts  as  were  involved  in  the  recording 
and  adjusting  of  injuries  and  claims  arising  out  of  accidents  occurring 
during  the  period  August  1,  1908,  to  June  30,  1911.  The  data  given 
are  in  every  instance  for  fiscal  years,  ending  with  June  30  of  the  year 
last  named. 


workmen's  compensation  UNDER  ACT  OF  MAY  30,  1908.      33 


SUMMARY  OF  ACCIDENTS  REPORTED  AND  ACCIDENTS  COMPENSATED. 

The  principal  data  for  this  period  may  be  summarized  as  follows: 

NUMBER  OF  ACCIDENTS  REPORTED,  CLAIMS  FOR  COMPENSATION,  AND  AMOUNT  OF 
COMPENSATION  PAID  FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND  1910-11. 


1908-9  > 

1909-10 

1910-11 

4,887 

1,818 

1,692 

126 

$242,937.05 

6,987 

2,654 

2,529 

125 

$336,348.78 

9,159 

3,153 

2,903 
216 

$380,330.49 

1  Eleven  months. 

It  is  apparent  that  the  monthly  average  of  accidents  reported  and 
of  claims  received  was  considerably  larger  for  each  successive  year. 
This  accords  with  the  experience  of  other  countries  which  have  adopted 
an  accident-reporting  system,  as  it  is  commonly  found  that  a  fair 
degree  of  accuracy  and  completeness  in  reporting  accidents  is  obtained 
only  after  some  years  of  experience  and  familiarity  with  a  new  law. 
The  ratio  of  claims  to  accidents  is  slightly  greater  for  the  second  year 
than  the  first,  with  a  considerable  decrease  the  third  year,  being  37.2 
per  cent  for  the  first  year,  38  per  cent  for  the  second,  and  34.4  per 
cent  for  the  third.  The  percentage  of  claims  rejected  is  considerably 
less  for  the  second  year  than  the  first,  but  is  noticeably  larger  the 
third  year. 

It  will  not  be  possible  in  every  case  to  compare  the  number  of  acci- 
dents reported  under  this  act  with  the  number  presented  in  the 
official  reports  of  the  various  departments  and  services,  as  the  regu- 
lations request  that  only  accidents  causing  disability  continuing  at 
least  one  day  shall  be  reported  to  the  Secretary  of  Commerce  and 
Labor,  while  it  is  true,  at  least  in  some  instances,  that  records  are 
made  of  accidents  not  causing  absence  from  work  except  for  the  brief 
period  of  time  required  to  secure  the  simple  treatment  necessaiy  for 
a  slight  scratch,  the  removal  of  a  foreign  substance  from  the  eye,  or 
the  like.  It  is  also  in  evidence  that  a  considerable  number  of  acci- 
dents that  were  not  of  sufficient  gravity  to  entitle  the  injured  person 
to  compensation,  or  that  occurred  in  branches  of  service  not  covered 
by  the  act,  have  not  been  reported.  While  the  Secretary  of  Commerce 
and  Labor  requests  that  reports  be  made  of  all  accidents  resulting  in 
disability  of  one  day  or  more,  he  has  no  authority  under  the  act  to 
require  the  reporting  of  accidents  of  the  latter  class,  and  no  informa- 
tion in  regard  to  accidents  reaches  the  Secretary  of  Commerce  and 
Labor  except  by  the  action  either  of  an  official  under  whose  obser- 
vation the  accident  occuired,  or  of  the  injured  person  who  desires  to 
take  advantage  of  the  provisions  of  the  act. 
80557°— 13 3 


34 


KEPORT    OF    THE    SECRETARY    OF    COMMERCE   AND   LABOR. 


ACCIDENTS,  BY  DEPABTMENTS  AND  BRANCHES  OF  SERVICE. 

The  distribution  of  the  accidents  reported  and  claims  received, 
allowed,  and  disallowed,  separately  for  fatal  and  nonfatal  accidents, 
by  separate  departments  and  independent  administrative  establish- 
ments, and  also,  under  each  department,  separately  for  the  separate 
branches  of  service  or  establishments  which  are  most  important  in 
the  study  of  accidents,  is  shown  in  detail,  for  the  first  three  fiscal  years 
of  the  operation  of  the  act,  in  Table  I  at  the  end  of  this  report.  The 
facts  as  to  accidents  reported  are  summarized  briefly  by  departments 
and  services  in  the  following  table: 

NUMBER  AND  PER  CENT  OF  ACCIDENTS  REPORTED  IN  SPECIFIED  DEPARTMENTS 
AND  BRANCHES  OF  SERVICE  IN  EACH  FISCAL  YEAR,  1908-9,  1909-10,  AND  1910-11. 


Accidents  reported. 

Departments  and  branches  of  service. 

Number. 

Per  cent. 

1908-91 

1909-10 

1910-11 

1908-9 1 

1909-10 

1910-11 

2,107 

3,233 

5,376 

43.11 

46.27 

58.69 

Treasury: 

56 
44 
29 
25 

57 
35 
58 
30 

26 
26 
86 
39 

1.15 
.90 
.59 
.51 

.82 
.50 
.83 
.43 

.28 

.28 

.63 

.43 

Total 

154 

180 

177 

3.15 

2.58 

1.93 

War: 

204 
336 
58 
25 

255 

416 

69 

-    27 

296 
498 
72 
27 

4.17 
6.88 
1.19 
.51 

3.65 
5.95 
.99 
.39 

3.23 

5.44 

.75 

.29 

Total 

623 

767 

893 

12.75 

10.98 

9.75 

Navy: 

945 
112 

1,307 
196 

1,429 
164 

19.34 
2.29 

18.71 
2.81 

15.60 

1.79 

Total 

1,057 

1,503 

1,593 

21.63 

21.51 

17.39 

Interior: 

133 
26 

186 
27 

219 
27 

2.72 
.53 

2.66 
.39 

2.39 

.29 

Total 

159 

213 

246 

3.25 

3.05 

2.68 

Commerce  and  Labor: 

44 
19 

42 
19 

28 
25 

.90 
.39 

.60 
.27 

.31 

.27 

Total     

63 

61 

53 

1.29 

.87 

.58 

Post  Office: 

132 
54 

399 
68 

186 
42 

659 
61 

135 
45 
497 

47 

2.70 
1.10 
8.16 
1.39 

2.66 
.60 
9.43 

.87 

1.47 

.49 

5.43 

.51 

Total 

653 

948 

724 

13.36 

13.57 

7.90 

35 
36 

54 

28 

66 
31 

.72 
.74 

.77 
.40 

.72 

.34 

4,887 

6,987 

9,159 

100.00 

100.00 

100. 00 

i  Eleven  months. 


workmen's  compensation  under  ACT  OF  MAY  30,  1908.      35 

The  difference  between  the  distribution  of  accidents  reported  and 
of  approved  claims  appears  from  a  comparison  of  the  foregoing  sum- 
mary with  the  summary  of  such  claims,  given  below.  It  will  be 
observed  that  some  of  the  departments  or  services  for  which  accidents 
are  reported  are  not  represented  by  claims  because  the  employees 
injured  were  not  of  those  classes  entitled  to  compensation  under 
the  law. 

NUMBER  AND  PER  CENT  OF  CLAIMS  FOR  COMPENSATION  APPROVED  IN  SPECIFIED 
DEPARTMENTS  AND  BRANCHES  OF  SERVICE  FOR  THE  FISCAL  YEARS  1908-9,  1909-10, 
AND  1910-11. 


Claims  approved. 

Departments  and  branches  of  service. 

Number. 

Per  cent. 

1908-91 

1909-10 

1910-11 

1908-9  l 

1909-10 

1910-11 

750 

1,158 

1,313 

44.33 

45.79 

45.23 

Treasury: 

16 
4 

26 
3 

43 
9 

.95 
.24 

1.03 
.12 

1.48 

Other      .             

.31 

Total 

20 

29 

52 

1.18 

1.15 

1.79 

War: 

99 

149 

4 

8 

136 

221 

6 

12 

155 

261 

5 

15 

5.85 
8.81 
.24 
.47 

5.38 
8.74 
.24 
.47 

5.34 

8.99 

.17 

.52 

Total 

260 

375 

436 

15. 37 

14.83 

15.02 

Navy: 

520 
43 

728 
84 

852 
65 

30.73 
2.54 

28.79 
3.32 

29.35 

Other 

2.24 

Total 

563 

812 

917 

33.27 

32.11 

31.59 

Interior: 

71 
1 

no 

3 

118 
4 

4.20 
.06 

4.35 
.12 

4.06 

Other 

.14 

Total 

72 

113 

122 

4.26 

4.47 

4.20 

4 

2 

2 
4 
56 

1 

.24 

.08 

.07 

Post  Office 

.14 

23 

40 

1.36 

1.58 

1.93 

.03 

1,692 

2,529 

2,903 

100. 00 

100. 00 

100. 00 

1  Eleven  months. 


It  is  seen  that  for  the  period  covered  by  the  foregoing  tables  entire 
branches  of  service  and  even  entire  departments  were  outside  of  the 
application  of  this  law,  as  the  Post  Office  Department,  including  the 
Rural  Free  Delivery  and  City  Delivery ;  the  Department  of  Agricul- 
ture; the  Customs  Service,  etc.;  although  in  some  of  the  depart- 
ments and  services  mentioned  the  number  of  accidents  reported  was 
not  inconsiderable.  As  was  stated  above  (pp.  9-11)  independent 
systems  of  compensation  exist  for  the  Railway  Mail  Service  and 
Life-Saving  Service,  while  amendments  have  extended  the  law  some- 


36 


REPORT   OF    THE   SECRETARY   OF   COMMERCE   AND   LABOR. 


what ;  but  outside  of  these,  several  large  groups  of  accidents  are  still ) 
left  without  any  provision. 

FATAL   ACCIDENTS. 

The  number  of  fatal  accidents  to  Government  employees  reported 
as  occurring  during  the  11  months  ending  June  30, 1909,  was  233,  for 
1909-10  it  was  231,  and  for  1910-11  it  was  206.  It  seems  probable 
for  various  reasons  that  omissions  in  reporting  were  few,  if  any,  in 
cases  of  accidents  of  this  class. 

The  fatal  accidents  reported  were  distributed  among  the  principal 
departments  and  services  as  follows: 

NUMBER  AND  PER  CENT  OF  FATAL  ACCIDENTS  REPORTED  IN  SPECIFIED  DEPART- 
MENTS AND  BRANCHES  OF  SERVICE  FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND 
1910-11. 


Departments  and  branches  of  service. 


Fatal  accidents  reported. 


1908-9 1     1909-10     1910-11 


1908-91      1909-10     1910-11 


Isthmian  Canal  Commission. 

Life-Saving  Service 

Arsenals 

Engineer  Department  (War) 

Quartermaster  (War) 

Navy  Department 

Reclamation  Service 

Indian  Service 

Lighthouse  Service 

Rural  Free  Delivery 

Railway  Mail  Service 

Allother 

Total 


17.3 
3.5 
6.5 

10.8 


3.5 
12.6 
5.2 


1  Eleven  months. 


The  operations  in  the  Canal  Zone  naturally  claimed  a  very  large 
proportion  of  the  fatal  accidents,  in  fact  nearly  one-half.  But  out- 
side of  these  operations  of  exceptional  hazard,  the  regular  work  of  the 
Government  employees  caused  a  loss  of  361  lives  during  the  three 
years  reported  for,  and  many  offices  and  branches  of  service  from 
which  comparatively  few  accidents  were  reported  registered  an 
important  proportion  of  fatalities. 

There  were  several  fatal  accidents  in  branches  of  service  not  covered 
by  this  law,  such  as  the  Railway  Mail  Service,  Rural  Free  Delivery, 
Life-Saving  Service,  Indian  Service,  etc. 


workmen's  compensation  under  ACT  OF  MAY  30,  1908.     37 

CLAIMS    FOR    COMPENSATION. 

Out  of  accidents  which  occurred  from  August  1,  1908,  to  June  30, 
1909,  1,818  claims,  or  37.2  per  cent  of  the  total  number  of  accidents 
reported,  were  presented  to  the  Secretary  of  Commerce  and  Labor. 
For  1909-10  and  1910-11  the  corresponding  figures  are  2,654,  or  38 
per  cent,  and  3,153,  or  34.4  per  cent,  respectively.  These  claims  were 
approved  in  1,692  cases,  or  93.1  per  cent  of  all  claims,  in  1908-9;  in 
2,529  cases,  or  95.3  per  cent,  in  1909-10;  and  in  2,937  cases,  or  93.1 
per  cent,  in  1910-11.  The  proportion  between  accidents  and  claims 
is  largely  influenced  by  the  fact  that  the  law  excludes  from  all  benefits 
accidents  causing  disability  of  not  over  15  days,  and  as  shown  in 
Table  VI,  2,300  accidents,  or  nearly  one-half  (47.1  per  cent),  were  in 
that  group  during  the  first  year;  3,430,  or  49.1  per  cent,  in  1909-10; 
and  5,305,  or  57.9  per  cent,  in  1910-11.  In  1908-9  the  proportion  of 
claims  to  accidents  lasting  over  15  days  would  appear  to  be  approxi- 
mately 70  per  cent;  in  1909-10,  75  per  cent;  and  in  1910-11,  85  per 
cent.  Of  the  233  fatal  accidents,  however,  only  93,  or  39.9  per  cent, 
led  to  claims  in  the  first  period;  68.8  per  cent  of  the  claims  were 
approved.  In  the  year  1909-10,  the  number  of  fatal  accidents 
reported  was  231,  and  claims  were  presented  in  124  cases,  or  53.7  per 
cent  of  all  fatal  accidents;  of  these  claims  78.2  per  cent  were  approved; 
while  for  the  206  fatal  accidents  in  1910-11  there  were  146  claims,  or 
70.9  per  cent  of  the  number  of  such  accidents,  of  which  119,  or  81.5 
per  cent,  of  the  claims  were  approved.  The  large  proportion  of  fatal 
accidents  m  which  no  claims  at  all  were  made  is  explained  in  many 
cases  by  the  remoteness  or  nonexistence  of  dependent  relatives  or 
their  ignorance  of  the  law  or  by  the  evident  fact  that  the  establishment 
is  not  covered  by  the  law.  In  the  Canal  Zone  alone,  where  nearly 
all  employees  are  protected  by  the  law,  claims  were  presented  in  only 
53  of  119  fatal  cases  in  1908-9,  in  68  of  85  cases  in  1909-10,  and  in 
90  of  105  cases  in  1910-11. 

The  percentages  of  claims  to  deaths  for  each  year  on  the  Canal  Zone 
are  44.5,  80,  and  85.7,  respectively,  showing  a  marked  increase, 
undoubtedly  due  largely  to  an  increase  in  the  familiarity  of  the  work- 
men with  the  law,  though  the  changes  both  in  administration  and  in 
legislation  have  contributed  to  the  same  end. 


38 


KEPORT    OF    THE    SECRETARY    OF    COMMERCE   AND   LABOR. 


CLAIMS    FOR    COMPENSATION    DISALLOWED. 

Altogether  126  claims  were  disallowed  during  the  11  months  ending 
June  30,  1909,  125  during  the  second  year,  and  216  during  the  third 
year.  The  causes  of  disallowance  by  departments  and  branches  of 
service  are   ummarized  as  follows : 

REASONS  FOR  DISALLOWANCE   OF   CLAIMS   FOR  COMPENSATION  FOR  FATAL  AND 
NONFATAL  ACCIDENTS  IN  EACH  FISCAL  YEAR,   1908-9,  1909-10,  AND   1910-11. 


Number  of  claims  disallowed. 

Reasons  for  disallowance  of  claims  for  com- 
pensation. 

Isthmian 
Canal  Com- 
mission. 

All  other 

departments, 

services,  and 

establishments. 

Total. 

Grand 
total. 

Fatal. 

Non- 
fatal. 

Fatal. 

Non- 
fatal. 

Fatal. 

Non- 
fatal. 

1908-9.1 

1 

14 
1 
3 
1 

10 

2 
2 

32 

3 

16 
3 
3 
2 

2 

42 
12* 

"  "io 

9 

22 
2 

45 

16 

15 

3 

Accident  not  in  course  of  employment 

5 
3 
16 

1 

1 
2 

5 
6 
6 
1 

12 
9 

22 

4 

Total 

20 

42 

9 

55 

29 

97 

126 

1909-10. 

1 
3 
2 
5 
2 

8 

30* 

...... 

1 

3 

5 
3 

2 

...„. 

20 

is" 

2 

10 
4 
1 

6 
6 
2 
7 
2 
....„ 

28 

45' 

6' 

11 

7 
1 

34 

6 

47 

7 

Accident  not  in  course  of  employment 

8 
11 

2 

11 

All  other 

1 

Total 

15 

46 

12 

52 

27 

98 

125 

1910-11. 

3 
64 

is' 

8 
23 
6 

6 

i" 

1 

19 
21 

7" 

10 
4 
9 

6 
2 
6 
4 

5~ 

4 

22 

85 

22' 

18 
27 
15 

28 

2 
5 
3 

87 

6 

Accident  not  in  course  of  employment 

26 

18 

5 

1 

32 

19 

Total 

16 

119 

11 

70 

27 

189 

216 

1  Eleven  months. 


Of  the  claims  presented  during  the  11  months  ending  June  30,  1909, 
6.9  per  cent  were  disallowed,  while  of  those  of  the  second  year  but  4.7 
per  cent  failed  of  approval.  The  percentage  of  disapproved  claims 
was  the  same  for  the  third  year  as  for  the  first.  The  disapprovals 
among  nonfatal  cases  formed  5.6  per  cent  of  the  total  during  the 
11  months  ending  June  30,  1909,  3.9  per  cent  during  the  second 
fiscal  year,  and  6.3  per  cent  during  the  third  fiscal  year;  while  31.2 
per  cent  of  the  claims  in  cases  of  fatal  injuries  were  disapproved  for 


workmen's  compensation  under  ACT  OF  MAY  30,  1908.      39 

the  same  period  of  the  first  fiscal  year,  21.8  per  cent  for  the  second 
fiscal  year,  and  18.5  per  cent  for  the  third.  A  majority  of  the 
disapprovals  of  fatal  cases  for  the  first  period  arose  from  a  failure  to 
comply  with  the  provision  of  the  statute  requiring  claims  in  such 
cases  to  be  filed  within  90  days  after  the  death  of  the  injured  person, 
and  in  14  of  the  16  instances  of  this  sort  the  workman  was  an  employee 
of  the  Isthmian  Canal  Commission,  with  dependents  resident  remote 
from  the  locality  of  employment,  chiefly  in  foreign  countries.  An 
effort  to  relieve  the  resultant  hardship  by  actively  tracing  up  the 
relatives  in  such  cases  largely  reduced  the  number  of  failures  to  file 
the  claims  within  the  required  time,  as  is  shown  by  the  summary  for 
the  second  fiscal  year.  The  third  fiscal  year  shows  no  disapprovals  on 
this  ground.  The  other  principal  causes  of  disapproval  continue 
during  the  second  and  third  fiscal  years,  but  show  considerable 
variations,  the  reasons,  " Occupation  not  covered,"  "Parents  not 
dependent,"  and  "Negligence  or  misconduct,"  being  the  most 
important. 

General  Table  II,  at  the  end  of  this  report,  shows  for  1 1  months  in 
1908-9  and  for  the  fiscal  years  1909-10  and  1910-11  the  number 
of  claims  disallowed  for  each  specified  cause  on  account  of  fatal  and 
nonfatal  accidents  in  each  department  and  branch  of  service. 

AMOUNT    OF    COMPENSATION   PAID. 

ACT    OF    MAY    30,    1908. 

The  cost  of  the  operation  of  the  compensation  act  to  the  depart- 
ments and  branches  of  service  in  which  compensated  accidents 
occurred  is  shown  in  Table  III. 

The  total  amount  of  compensation  paid  under  the  act  for  accidents 
which  occurred  during  the  11  months  ending  June  30,  1909,  was 
$242,937.05,  of  which  18.6  per  cent  was  paid  for  fatal  accidents  and 
81.4  per  cent  for  nonfatal  accidents.  The  average  amount  of  com- 
pensation for  a  fatal  compensated  accident  was  $704.48  and  for  a 
nonfatal  compensated  accident  $121.53. 

Similar  compensation  paid  during  the  fiscal  year  1909-10  amounted 
to  $336,348.78  for  all  classes  of  accidents,  of  which  18.3  per  cent  was 
paid  as  compensation  on  account  of  fatal  accidents  and  81.7  per  cent 
on  account  of  nonfatal  accidents.  The  average  amount  of  com- 
pensation paid  per  fatal  compensated  accident  was  $633.15  and  per 
nonfatal  compensated  accident  $113.19. 

In  the  fiscal  year  1910-11  the  total  was  $380,330.49,  of  which  16.1 
per  cent  was  for  fatal  and  83.9  per  cent  for  nonfatal  accidents.  The 
average  amounts  paid  this  year  per  fatal  and  nonfatal  compensated 
accident  were  $595.93  and  $113.99,  respectively. 


40 


REPORT    OF   THE   SECRETARY   OF   COMMERCE   AND   LABOR. 


The  total  amounts  paid  as  compensation  by  the  main  branches  of 
the  service  are  shown  in  the  following  statement: 

AMOUNT  AND   PER  CENT  OF  COMPENSATION  PAID  IN  SPECIFIED  DEPARTMENTS 
AND  BRANCHES  OF  SERVICE  FOR   THE   FISCAL  YEARS  1908-9,  1909-10,  AND  1910-11. 


[This  table  relates  only  to  compensation  under  the  act  of  May  30,  1908. 
paid  Federal  employees  under  other  laws,  see  pp.  41, 

For  compensation  for  injuries 
12,  et  seq.] 

Departments  and  branches  of 

Amount  of  compensation  paid. 

Per  cent. 

service. 

1908-91 

1909-10 

1910-11 

1908-91 

1909-10 

1910-11 

$100,400.60 
78,317.71 
24,498.39 
8,754.34 
19, 990. 16 
10, 975. 85 

$156, 340. 30 
92, 097.  72 
37, 918.  71 
11, 982. 05 
27,932.67 
10,077.33 

$170, 252. 17 
109,389.03 
40, 948.  92 
14,289.97 
26, 705. 72 
18, 744.  68 

41.3 
32.2 

10.1 
3.6 

8.2 
4.5 

46.5 
27.4 
11.3 
3.6 
8.3 
3.0 

44.8 

28.8 

Engineer  Department  (War) 

10.8 
3.8 

7.0 

4.9 

Total 

242, 937. 05 

336,348.78 

380,330.49 

100.0 

100.0 

100.0 

i  Eleven  months. 


The  average  cost  per  case  is  subject  to  great  fluctuation  in  different 
departments,  due  to  the  differences  in  the  wage  scale,  as  well  as  in 
the  gravity  of  injury  and  duration  of  disability.  In  fatal  accidents 
the  average  compensation  on  the  Isthmian  Canal  was  $640.74  in  the 
11  months  of  1908-9;  it  was  $537.71  in  1910  and  $515.31  in  1911; 
in  the  War  Department  it  was  $648.71  in  the  11  months  of  1908-9; 
it  was  $682.40  in  1910  and  $567.93  in  1911 ;  in  the  Navy  Department 
it  was  $850.63  in  the  11  months  of  1908-9;  it  was  $616.75  in  1910 
and  $827.88  in  1911 ;  and  in  the  Reclamation  Service  it  was  $1,051.56 
in  1908-9;  it  was  $1,043.71  in  1910  and  $1,073.65  in  1911. 

The  preceding  table  relates  solely  to  compensation  paid  under  the 
act  of  May  30,  1908.  It  may  be  interesting  to  present  here  the  data 
concerning  other  compensation  systems  for  civil  employees  of  the 
United  States  Government  existing  by  virtue  of  special  legislation. 
These  are:  The  act  of  February  24,  1909,  for  the  Isthmian  Canal 
Zone  employees,  covering  accidents  not  included  in  the  act  of  May 
30,  1908;  the  act  of  May  4,  1882,  covering  the  Life-Saving  Service; 
and  the  railway  mail  clerks'  compensation  system,  established  for 
the  first  time  by  the  Post  Office  Department  appropriation  act  for 
1901,  and  since  then  extended  by  the  annual  appropriation  acts. 

ACT   OF   FEBRUARY   24,  1909. 

The  payments  made  under  this  act  are  presented  for  the  years 
1908-9  (from  Feb.  25  to  June  30),  1909-10,  and  1910-11  in  the  fol- 
lowing table: 


workmen's  compensation  under  act  OF  MAY  30,  1908.      41 

NUMBER  OF  CASES  COMPENSATED  AND  AMOUNT  OF  COMPENSATION  PAID  BY  THE 
ISTHMIAN  CANAL  COMMISSION  FROM  FEBRUARY  25,  1909,  to  JUNE  30,  1911,  UNDER 
THE  ACT  OF   FEBRUARY  24,  1909. 


Number  of  compensated  cases 
in  which  the   duration  of 
disability  was— 

Total 
compen- 
sated 
cases. 

Total 

Year. 

7  days 

and 
under. 

Over  7 

but  not 
over  15 
days. 

Over  15 
days. 

compensa- 
tion. 

1909  ( Feb.  25  to  June  30) 

381 
1,434 
2,672 

206 

548 

1,145 

?-, 
12 
7 

612 

1,994 

i  3, 869 

$9, 478. 56 

26, 040. 77 

2  46,  236.  79 

1909-10  ...                            

1910-11 

1  Including  45  cases,  duration  of  disability  not  reported. 

2  Not  including  47  cases  in  which  the  cost  of  compensation  was  not  reported. 

Above  62  per  cent  of  the  cases  compensated  during  the  period 
February  25  to  June  30,  1909,  were  for  disability  of  7  days'  duration 
or  less,  while  during  the  fiscal  year  1909-10  nearly  72  per  cent  and 
in  1910-11  just  above  69  per  cent  were  of  this  class.1  The  average 
cost  per  case  was  $15.49  in  1908-9,  $13.06  in  1909-10,  and  $12.10  in 
1910-11,  the  decrease  from  year  to  year  being  obviously  due  to  the 
greater  attention  given  to  short-time  injuries.  The  records  show  but 
few  cases  compensated  where  the  beneficiary  was  an  employee  of  a 
class  not  covered  by  the  act  of  May  30,  1908. 


life-saving  service. 

According  to  reports  received,  56  accidents  occurred  in  the  Life- 
Saving  Service  during  the  11  months,  August  1,  1908,  to  June  30, 
1909,  of  which  2  cases  were  fatal.  Both  fatal  cases  were  those  of 
temporary  employees,  and  no  compensation  was  due;  2  injured  per- 
sons belonged  to  a  higher  class  not  entitled  to  compensation,  and  in  9 
cases  no  claim  was  made.  In  43  cases  compensation  was  paid  which, 
according  to  a  statement  furnished  by  the  Superintendent  of  the  Life- 
Saving  Service,  amounted  to  $3,159.24.  During  1909-10  there  were 
87  nonfatal  injuries,  for  which  compensation  was  paid  to  the  amount 
of  $9,980.42,  and  1  death,  on  account  of  which  $2,000  was  paid  to  the 
beneficiaries.  The  nonfatal  injuries  in  1910-11  were  102  in  number, 
and  the  compensation  therefor  was  $10,421 .63 ;  1  death  this  year  called 
for  the  payment  of  $1,560  to  the  beneficiaries. 


1  The  data  here  given  do  not  agree  with  the  data  shown  in  the  reports  of  the  Isthmian  Canal  Commission 
for  the  reason  that  the  latter  present  the  payments  made  during  the  year  covered  by  the  report,  while  the 
tables  given  above  are  for  the  cost  of  all  accidents  occurring  during  the  fiscal  year  without  regard  to  the 
time  of  the  payment  of  compensation  therefor. 


42  REPORT   OF   THE   SECRETARY   OP   COMMERCE   AND   LABOR. 

RAILWAY  MAIL    SERVICE. 

In  1908-9,  $11,000  was  paid  representatives  of  deceased  clerks 
and  $61,120.59  to  clerks  acting  in  place  of  injured  employees.  The 
corresponding  amounts  for  1909-10  are  $24,000  and  $75,222.17,  and 
for  1910-11,  $25,000  and  $65,045.90,  respectively.  The  marked  in- 
crease in  payments  on  account  of  death  in  1909-10  as  compared  with 
1908-9  is  due  to  the  increase  in  the  number  of  fatalities,  while  for 
the  next  year  there  was  an  increase  in  payments  from  $1,000  per 
case  of  death  to  $2,000.  The  amount  paid  in  1911  includes  3  cases 
adjudicated  in  that  year  but  coming  under  the  provision  of  law 
allowing  but  $1,000  in  case  of  death. 

BATES  OF  PAY  OF  INJURED  EMPLOYEES. 

The  classification  of  the  persons  injured,  according  to  the  rate  of  pay 
on  an  annual  basis,  is  shown  in  Table  IV  at  the  end  of  this  report.  In 
the  reports  of  accidents  which  are  made  to  the  Secretary  of  Commerce 
and  Labor  the  rate  of  pay  is  given  either  on  an  annual,  monthly,  daily, 
or  hourly  basis.  Where  an  annual  rate  is  given  it  was  accepted  as 
stated;  the  monthly  rate  was  multiplied  by  12;  in  other  cases,  in  order 
to  reduce  all  to  the  yearly  basis,  the  daily  wage  was  multiplied  by  313, 
and  where  the  pay  is  on  a  per  hour  basis  the  daily  amount  was  com- 
puted and  multiplied  by  313,  the  maximum  number  of  working  days 
through  the  year.  The  daily  wage  was  computed  from  the  hourly  wage 
on  the  assumption  of  an  8-hour  day  for  all  employees,  except  those 
in  the  Isthmian  Canal  service.  In  the  case  of  the  latter  the  hourly 
wage  was  multiplied  by  8  or  9,  according  to  the  information  furnished 
by  the  Isthmian  Canal  Commission.  While  some  degree  of  inaccur- 
acy is  therefore  possible,  the  returns  are  substantially  correct. 

The  percentage  distribution  of  the  injured  employees  according 
to  the  rate  of  pay  is  shown  in  the  following  summary  table,  for  the 
entire  service  as  well  as  for  the  Isthmian  Canal  Commission,  the  Navy 
Department,  the  War  Department,  and  the  Post  Office  Department. 
The  figures  for  the  11  months  in  1908-9  indicated  that  nearly  two- 
thirds  (65.5  per  cent)  of  all  injured  employees  were  earning  less  than 
$1,000,  more  than  one-half  (55.5  per  cent)  less  than  $800,  and  nearly 
two-fifths  (39.1  per  cent)  less  than  $600;  in  1909-10,  68.5  per  cent  of 
all  injured  employees  were  earning  less  than  $1,000,  59.3  per  cent  less 
than  $800,  and  42.3  per  cent  less  than  $600.  The  percentages  for 
the  corresponding  wage  groups  in  1910-11  are  70.6,  63.2,  and  48.7, 
respectively. 

The  summary  table  follows: 


WORKMEN'S   COMPENSATION    UNDER   ACT   OF    MAY   30,    1908.       43 

NUMBER  AND  PER  CENT  OF  PERSONS  INJURED  RECEIVING  EACH  CLASSIFIED 
YEARLY  RATE  OF  PAY,  BY  DEPARTMENTS  AND  BRANCHES  OF  SERVICE,  FOR 
THE  FISCAL  YEARS  1903-9,  1909-10,   AND  1910-11. 


All  other  de- 

Isthmian 
Canal  Com- 

Navy  De- 
partment. 

War  De- 
partment. 

Post  Oflice 
Department. 

partments, 
services. and 

Total. 

Yearly  rate  of  pay. 

ments. 

Num- 

Per 

Num- 

Per 

Num- 

Per 

Num- 

Per 

Num- 

Per 

Num- 

Per 

ber. 

cent. 

ber. 

cent. 

ber. 

cent. 

ber. 

cent. 

ber. 

cent. 

ber. 

cent. 

1908-9.1 

Under  $400 

521 
365 

24.73 
17.32 

32 
47 

3.03 
4.45 

84 
85 

13.48 
13.64 

2 

0.31 

23 
28 

5.15 
6.26 

662 
525 

13.55 

10.74 

$500  and  under  $000... 

476 

22.  59 

105 

9.93 

124 

19.90 

1 

18 

4.03 

724 

14.81 

$600  and  under  $700 . . . 

49 

2.33 

135 

12.77 

88 

14.13 

IS 

2.76 

72 

16.11 

362 

7.41 

$700  and  under  $800 . . . 

31 

1.47 

203 

19.21 

80 

12.84 

22 

3.37 

101 

22.60 

437 

8.94 

$800  and  under  $900 . . . 

15 

.71 

64 

6.05 

38 

6.10 

48 

7.35 

37 

8.28 

202 

4.13 

$900  and  under  $1,000.. 

32 

1.52 

79 

7.47 

56 

8.99 

82 

12.56 

40 

8.95 

289 

5.91 

$1,000  and  under  $1,100 

33 

1.57 

118 

11.15 

35 

5.62 

86 

13.17 

41 

9.17 

313 

6.40 

$1,100  and  under  $1,200 

69 

3.27 

182 

17.22 

6 

.96 

149 

22.82 

7 

1.57 

413 

8.45 

$1 ,200  and  und  er  $  1 ,300 

56 

2.66 

51 

4.82 

15 

2.41 

132 

20.21 

30 

6.71 

284 

5.81 

$1,300  and  under  $1,400 

6 

.28 

23 

2.18 

2 

.32 

54 

8.27 

4 

.67 

89 

1.82 

$1,400  and  under  $1,500 

57 

2.71 

11 

1.04 

5 

.80 

12 

1.84 

10 

2.24 

95 

1.94 

$1 ,500  and  under  $1 ,600 

39 

1.85 

4 

.38 

2 

.32 

36 

5.51 

18 

4.03 

99 

2.03 

$1 ,600  and  under  $1 ,700 

118 

5.60 

5 

1 

.22 

124 

2.54 

$1,700  and  under  $1,800 
$1,800  and  under  $1,900 
$1 ,900  and  under  $2 ,000 
$2,000  and  under  $2,500 
$2,500  and  over 

3.65 

1 

.09 

78 

1.60 

42 

1.99 

1 

.09 

1 

.16 

2 

.45 

46 

.94 

6 

.28 

1 

.C9 

.14 

75 

3.56 

5 

1.12 

80 

1.64 

40 

1.90 

1 

.16 

1 

.15 

42 

.86 

1 

.16 

5 

.77 

10 

2.24 

16 

.33 

Total 

2,107 

100. 00 

1,057 

100. 00 

623 

100.  00 

653 

100. 00 

447 

100.  00 

4,887 

100.00 

1909-10. 

Under  $400 

912 

28.21 

89 

5.92 

88 

11.47 

2 

.21 

18 

3.36 

1,109 

15.87 

$400  and  under  $500. . . 

653 

20.20 

74 

4.92 

95 

12. 39 

20 

3.73 

842 

12.05 

$500  and  under  $600 . . . 

705 

21.81 

108 

7.19 

171 

22.29 

1 

.12 

17 

3.17 

1,002 

H.34 

$600  and  under  $700 . . . 

129 

3.99 

266 

17.70 

130 

16.95 

23 

2.43 

61 

11.38 

609 

8.72 

$700  and  under  $800. . . 

41 

1.27 

286 

19.03 

89 

11.60 

24 

2.53 

142 

26.49 

582 

8.33 

$800  and  under  $900. . . 

16 

.49 

114 

7.58 

28 

3.65 

69 

7.28 

50 

9.33 

277 

3.96 

$900  and  under  $1,000.. 

23 

.71 

122 

8.12 

67 

8.74 

85 

8.97 

65 

12.13 

362 

5.18 

$1,000  and  under  $1,100 

15 

.46 

145 

9.65 

61 

7.95 

112 

11.81 

44 

8.21 

377 

5.40 

$1,100  and  under  $1,200 

47 

1.45 

208 

13.84 

8 

1.04 

253 

26.  69 

16 

2.99 

532 

7.61 

$1,200  and  under  $1,300 

50 

1.55 

46 

3.06 

15 

1.96 

170 

17.93 

39 

7.28 

320 

4.58 

$1,300  and  under  $1,400 

3 

.09 

19 

1.26 

5 

.65 

108 

11.39 

7 

1.31 

142 

2.03 

$1,400  and  under  $1,500 

76 

2.35 

20 

1.33 

2 

.26 

25 

2.(4 

17 

3.17 

140 

2.00 

$1,500  and  under  $1,600 

59 

1.82 

5 

.33 

4 

.52 

54 

5.70 

4 

.75 

126 

1.80 

$1,600  and  under  $1,700 

185 

5.72 

12 

1.27 

4 

.75 

201 

2.88 

$1 ,700  and  under  $1  ,K00 

66 

2.04 

66 

.94 

$1,800  and  under  $1,900  1      69 

2.13 

1 

.07 

3 

.39 

1 

.12 

7 

1.31 

81 

1.16 

$1,900  and  under  $2,000  1        4 

.12 

1 

.19 

5 

.07 

$2,000  and  under  $2,500  j     105 
$2 ,500  and  over 59 

3.25 

3 

.56 

108 

1.55 

1.82 
.49 

1 

.13 

1 
20 

.19 
3.73 

61 
45 

.87 

Not  reported 16 

9 

.95 

.64 

Total 

3,233 

100. 00 

1,503 

100. 00 

767    100.00 

948 

100.00 

536 

100.  00 

6,987 

100.00 

1910-11. 

Under  $400 

1,564 

1,287 
934 

29.09 

55 

3  45 

104 

11.65 

1 

.14 

14 

2.44 

1,737 

18.96 

$400  and  under  $500 . . . 

23.94 
17.37 

75 

82 

4.71 
5.15 

106 

187 

11.87 
20.94 

32 
23 

5.58 
4.01 

1,500 
1,227 

16.38 

$500  and  under  $600 . . . 

1 

.14 

13.40 

$600  and  under  $700 . . . 

163 

3.03 

242 

15.19 

149 

16.  69 

20 

2.76 

84 

14.  66 

658 

7.18 

$700  and  under  $800. . . 

60 

1.12 

349 

21.91 

118 

13.21 

17 

2.35 

124 

21.64 

668 

7.29 

$800  and  under  $900. . . 

23 

.43 

131 

8.22 

56 

6.27 

47 

6.49 

59 

10.30 

316 

3.45 

$900  and  under  $1,000.. 

48 

.89 

121 

7.60 

71  |     7.95 

55 

7.60 

68 

11.87 

363 

3.96 

$1,000  and  under  $1,100 

8 

.15 

148 

9.29 

52 

5.82 

92 

12.71 

45 

7.85 

345 

3.77 

$1,100  and  under  $1,200 

97 

1.80 

258 

16.20 

16 

1.79 

200 

27.62 

14 

2.44 

585 

6.39 

$1 ,200  and  under  $1 ,300 

41 

:76 

73 

4.58 

12 

1.34 

137 

18.92 

45 

7.85 

308 

3.36 

$1,300  and  under  $1,400 

4 

.07 

35 

2.20 

6 

.67 

81 

11.19 

7 

1.22 

133 

1.45 

$1,400  and  under  $1,500 

151 

2.81 

16 

1.00 

2 

.22 

14 

1.93 

9 

1.57 

192 

2.10 

$1,500  and  under  $1,600 

126 

2.34 

2 

.13 

8 

.90 

45 

6.22 

8 

1.40 

189 

2.06 

$1,600  and  under  $1 ,700 

419 

7.79 

2 

.13 

1 

.11 

4 

.55 

5 

.87 

431 

4.71 

$1 ,700  and  under  $1,800 

80 

1.49 

1 

.06 

2 

.35 

83 

.91 

$1,800  and  under  $1,900 

112 

2.08 

1 

.06 

2 

.28 

7 

1.22 

122 

1.33 

$1 ,900  and  under  $2,000 

15 

.28 

15 

.16 

$2 ,000  and  under  $2,500 

171 

3.18 

1 

.06 

3 

.52 

175 

1.91 

$2,500  and  over 

71 
3 

1.32 
.06 

2 
3 

.22 
.34 

3 
21 

.52 

3.66 

76 
36 

.83 

1 

.06 

8 

1.10 

.39 

Total 

5,376 

100.00 

1,593, 

100.  <}0 

893    loom 

724 

100.00 

573 

100.00 

9,159 

100.00 

1  Eteven  months. 


4:4         REPORT   OF   THE   SECRETARY   OF   COMMERCE  AND  LABOR. 

There  was  a  very  marked  difference  in  the  prevailing  rates  of  pay- 
in  the  Canal  Zone  as  compared  with  all  other  branches  of  the  civil 
service,  due  first  to  the  large  amount  of  unskilled  labor,  and  secondly 
to  the  necessary  employment  of  a  comparatively  highly  paid,  tech- 
nical supervising  force.  Thus  on  the  one  hand,  in  each  year  the 
vast  majority  of  the  injured  persons  receiving  less  than  $600  were 
employed  in  the  Canal  Zone  (in  the  11  months  in  1908-9,  1,362 
out  of  1,911,  or  71.3  per  cent;  in  1909-10,  2,270  out  of  2,953,  or  76.9 
per  cent,  and  in  1910-11,  3,784  out  of  4,464,  or  84.5  per  cent).  On 
the  other  hand,  the  employees  in  salary  groups  receiving  $1,600  or 
over  were  found  mainly  on  the  Isthmian  Canal.  In  the  11  months 
in  1908-9,  of  the  377  injured  persons  receiving  $1,600  or  over,  358, 
or  95  per  cent,  were  employed  in  the  Canal  Zone;  and  in  1909-10, 
of  522  receiving  $1,600  or  over,  488,  or  93.5  per  cent,  were  in  the 
Canal  Zone;  while  in  1910-11,  868,  or  96.2  per  cent  of  the  902  per- 
sons injured  in  this  wage  group,  were  employed  on  the  Isthmus. 

These  figures  are  important  as  indicating  that  in  case  of  any 
important  change  of  the  scale  of  compensation  as  now  provided, 
different  minimum  and  maximum  limits  would  be  necessary  for  the 
Canal  Zone  and  other  branches  of  service.  Such  limits  are  often 
established  in  the  form  of  a  proviso  that  the  earnings  above  a  cer- 
tain amount  shall  not  be  taken  into  consideration.  Above  $1,600 
such  limitation  would  be  important  only  in  the  Canal  Zone,  and  of 
very  little  significance  in  all  other  branches  of  service.  On  the  other 
hand,  a  minimum  limit  adaptable  to  the  other  branches  may  be 
excessive  in  case  of  many  Canal  Zone  employees  whose  very  much 
lower  standard  is  indicated  by  the  lower  level  of  wages. 

As  the  largest  number  of  the  lower-paid  employees  are  employed  in 
those  branches  of  the  service  which  contain  the  greatest  danger  to 
life,  such  as  on  the  Canal  Zone  and  in  the  Engineer  Department,  it 
is  quite  natural  that  the  lower-paid  employees  represented  a  very 
much  larger  percentage  of  the  fatally  injured  employees  than  of  those 
receiving  nonfatal  injuries. 

Of  the  233  fatal  accidents  reported  in  the  11  months  in  1908-9, 
63.5  per  cent  occurred  to  employees  receiving  less  than  $600  per 
annum,  31.8  per  cent  to  those  receiving  $600  but  less  than  $1,600,  and 
4.7  per  cent  to  those  receiving  $1,600  or  over.  In  1909-10,  of  the 
231  fatal  accidents  reported,  48.9  per  cent  were  to  workmen  receiving 
less  than  $600,  46.3  per  cent  to  those  receiving  $600  but  less  than 
$1,600,  and  3.5  per  cent  to  those  receiving  $1,600  or  above.  For  the 
third  year  206  fatalities  were  reported,  of  which  62.6  per  cent  were 
in  the  lower  group,  33.5  per  cent  in  the  second  class,  and  3.4  per  cent 
among  employees  receiving  $1,600  or  above. 


WORKMEN  S    COMPENSATION    UNDER   ACT    OF    MAY   30,    1908.        45 

Both  the  ratio  and  distribution  of  fatal  accidents  as  compared  with 
all  accidents  reported  vary  considerably  for  the  period  under  consider- 
ation. Thus,  in  the  11  months  in  1908-9,  4.8  per  cent  of  all  accidents 
reported  were  fatal,  in  1909-10  the  rate  was  3.3  per  cent,  while  in 
1910-11  it  was  but  2.2  per  cent.  This  decrease  is  obviously  due 
hardly  at  all  to  the  reduction  in  the  number  of  fatal  accidents  occur- 
ring, but  rather  to  the  more  general  reporting  of  the  minor  accidents 
which  occurred. 

With  the  limited  scope  of  the  act  and  in  the  absence  of  data  showing 
the  total  number  of  workmen  employed  in  the  different  wage  groups, 
no  definite  conclusions  can  be  reached  as  to  the  actual  accident  rates 
on  the  basis  of  rates  of  earnings,  but  it  is  at  least  clear  from  the  higher 
proportion  of  fatal  accidents  among  the  lower-paid  workmen  that 
there  is  no  adjustment  of  wages  to  compensate  for  the  hazards  of 
especially  dangerous  employments,  as  is  sometimes  claimed. 

The  following  table  summarizes  the  cases  of  fatal  injury,  classified  by 
rates  of  pay,  and  shows  the  number  and  per  cent  in  each  class  of  those 
who  received  compensation  and  of  those  who  did  not.  It  is  evident 
that  only  a  minor  part  of  the  fatal  cases  were  compensated  under  the  act 
of  May  30,  1908,  though  in  a  number  of  cases  compensation  was  avail- 
able under  other  statutes.  Claims  were  made  in  but  363  cases,  and  of 
these  83  were  disapproved  for  various  reasons.  These  reasons  have 
already  been  indicated  (p.  38),  but  in  the  absence  of  data  which  is  fur- 
nished only  in  connection  with  claims,  it  can  not  be  positively  stated 
why  there  were  but  280  compensated  cases  out  of  a  total  of  670  fatali- 
ties reported  during  the  three  years  covered  by  this  report.  Approxi- 
mately 10  per  cent  seem  not  to  be  covered  by  this  or  any  other  act; 
a  somewhat  smaller  percentage  were  provided  for  under  the  laws 
relating  to  the  Railway  Mail  and  Life-Saving  Services,  while  a  very 
considerable  number  were  probably  persons  leaving  no  dependents 
under  the  act,  or  on  account  of  the  distance  of  such  dependents  from 
the  place  of  employment  of  the  deceased  workman,  no  action  was 
taken  by  them,  either  on  account  of  ignorance  of  the  facts  in  the  case, 
or  because  the  90-day  limitation  became  effective  before  the  facts 
became  known.  The  large  number  of  failures  to  make  claims  in  the 
Isthmian  Canal  and  Reclamation  Services  support  this  view.  From 
this  table  may  also  be  seen  the  approximate  amounts  of  compensa- 
tion paid  in  the  various  cases,  39.06  per  cent  being  entitled  to  less  than 
$500,  and  60.94  per  cent  to  less  than  $600  in  the  11  months  in  the  first 
fiscal  year,  while  for  the  second  year  the  percentages  are  45.36  and 
58.76,  and  for  the  third  year,  53.78  per  cent  and  68.07  per  cent, 
respectively.     The  summary  follows . 


46 


REPORT    OF    THE    SECRETARY    OF    COMMERCE   AND    LABOR. 


NUMBER  AND  PER  CENT  OF  EMPLOYEES  REPORTED  AS  FATALLY  INJURED,  RECEIV- 
ING EACH  CLASSIFIED  YEARLY  RATE  OF  PAY  FOR  THE  FISCAL  YEARS  1908-9,  1909-1C, 
AND   1910-11. 


Fatal  accidents  reported. 

Yearly  rate  of  pay. 

Compensated 
cases. 

Noncompensated 
cases. 

Total. 

Number. 

Per  cent. 

Number. 

Per  cent. 

Number. 

Per  cent. 

1908-9.1 
Under  $400 

17 
8 

14 
5 
2 
4 
2 
3 
3 

26.56 
12.50 
21.88 
7.81 
3.13 
6.25 
3.13 
4.69 
4.69 

50 
27 
32 
5 
12 
2 
11 
7 
9 
4 
2 
1 
1 
1 

29.59 
15. 98 
18.93 
2.96 
7.10 
1.18 
6.51 
4.14 
5.33 
2.37 
1.18 
.59 
.59 
.59 

67 
35 
46 
10 
14 
6 
13 
10 
12 
4 
2 
1 
2 
1 

28.76 

$400  and  under  $500 

15.02 

19.74 

$600  and  under  $700 

4.29 

$700  and  under  $800 

6.01 

$800  and  under  $900 

2.58 

$900  and  under  $1,000 

5.58 

$1,000  and  under  $1,100 

4.29 

$1,100  and  under  $1 ,200 

5.15 

$1,200  and  under  $1,300 

1.72 

$1,300  and  under  $1,400 

.86 

$1,400  and  under  $1,500 

.43 

$1,500  and  under  $1 ,600 

1 

1.56 

.86 

$1,600  and  under  $1,700 

.43 

$1,700  and  under  $1 ,800 

$1,800  and  under  $1,900  .   . 

2 

3.13 

2 

1.18 

4 

1.72 

$1 ,900  and  under  $2,000 

$2,000  and  under  $2,500 

2 

1 

3.13 
1.56 

2 
1 

1.18 
.59 

4 
2 

1.72 

$2,500  and  over 

.86 

Total 

64 

100.00 

169 

100.00 

233 

100. 00 

1909-10. 

Under  $400 

34 
10 
13 
6 
5 
5 
13 
3 

35. 05 
10.31 
13.40 
6.19 
5.15 
5.15 
13.40 
3.09 

33 
11 
12 
6 

4 
8 
20 
8 
8 
6 
8 
2 
1 
3 

24.63 
8.21 
8.96 
4.48 
2.99 
5.97 

14.93 
5.97 
5.97 
4.48 
5.97 
1.49 
.75 
2.23 

67 
21 
25 
12 
9 

13 
33 
11 
8 
9 
8 
3 
1 
6 

29.00 

$400  and  under  $500 

9.09 

$500  and  under  $600 

10.82 

$600  and  under  $700 

5.19 

$700  and  under  $800 . . . 

3.90 

$800  and  under  $900 

5.63 

$900  and  under  $1,000 

14.29 

$1,000  and  under  $1,100 

4.76 

$1,100  and  under  $1,200 

3.46 

$1 ,200  and  under  $1,300 

3 

3.09 

3.90 

$1,300  and  under  $1,400 

3.46 

1 

1.03 

1.30 

$1,500  and  under  $1,600 

.43 

$1,600  and  under  $1,700 

3 

3.09 

2.60 

$1,700  and  under  $1,800 

$1 ,800  and  under  $1 ,900 

1 

.75 

1 

.43 

$1,900  and  under  $2,000 

$2,000  and  under  $2,500 

1 

1.03 

1 

.43 

$2,500  and  over 

Not  reported 

3 

2.23 

3 

1.30 

Total 

97 

34 
30 
17 
9 
7 
1 
5 
3 
1 
3 
1 
1 
2 
1 

100. 00 

28.57 
25.21 
14.29 
7.56 

5.88 
.84 

4.20 

2.52 
.84 

2.52 
.84 
.84 

1.68 
.84 

134 

30 
11 
7 
5 
5 
3 
4 
5 
3 
6 
1 
1 
3 
1 

100.00 

231 

100. 00 

1910-11. 

Under  $400 

34.48 
12.64 
8.05 
"5.75 
5.75 
3.45 
4.60 
5.75 
3.45 
6.90 
1.15 
1.15 
3.45 
1.15 

64 
41 
24 
14 
12 
4 
9 
8 
4 
9 
2 
2 
5 
2 

31.07 

$400  and  under  $500 

19.90 

$500  and  under  $600 

11.65 

$600  and  under  $700 

6.80 

$700  and  under  $800 

5.83 

$800  and  under  $900 

1.94 

$900  and  under  $1 ,000 

4.37 

$1,000  and  under  $1,100 

3.88 

$1,100  and  under  $1 ,200 

1.94 

$1,200  and  under  $1,300 

4.37 

.97 

.97 

$1,500  and  under  $1,600 

2.43 

$1,600  and  under  $1,700 

.97 

$1,800  and  under  $1,900 

3 

2.52 

3 

1.46 

$2,500  and  over 

1 

.84 

1 
1 

1.15 
1.15 

2 
1 

.97 

.49 

Total 

119 

100.00 

87 

100.00 

206 

100.00 

1  Eleven  months. 


WORKMEN'S    COMPENSATION    UNDER    ACT    OF    MAY   30,    1908.       47 


CAUSES  OF  ACCIDENTS. 

In  the  tabulation  of  the  causes  of  accidents  the  standard  classifica- 
tion of  causes  as  used  by  many  European  countries  has  been  adopted 
with  some  modifications.  General  Table  V,  at  the  end  of  this  report, 
shows  the  accidents  by  causes  in  compensated  cases,  in  noncompen- 
sated cases,  and  for  all  accidents  reported,  for  each  department  or 
service.  The  following  summary  table  shows  the  distribution  of 
injuries  by  causes  for  all  departments  and  services  combined.  Dur- 
ing the  first  year  the  collapse,  fall,  etc.,  of  materials  stands  out  as 
the  largest  single  cause  of  injury,  while  during  the  next  two  years 
it  ranks  as  one  of  the  three  principal  causes. 

NUMBER  AND  PER  CENT  OF  ACCIDENTS  FROM  EACH   SPECIFIED  CAUSE  REPORTED 
FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND  1910-11. 


Cause  of  injury. 


Motors 

Power  transmission  apparatus 

Working  machinery: 

Using  power 

Not  using  power 

Elevators,  hoists,  cranes,  etc 

Steam  boilers,  piping,  explosions,  etc 

Explosions  of  dynamite,  powder,  etc 

Inflammable,  poisonous,  hot.  corrosive  materials,  gases, 

vapors,  etc - 

Electric  current 

Collapse,  fall,  etc.,  of  materials,  etc 

Falls  from  ladders,  stairs,  scaffolding,  etc.,  or  into  ex- 
cavations  

Falls  on  even  surface 

Loading  and  unloading,  lifting,  carrying,  etc 

Vehicles  (run  over  by  wagons,  carts,  etc.) 

Railway  operation  (run  over,  etc. ) 

Animals  (kicks,  bites,  etc.)  and  riding 

Shipping  and  water  transportation 

Flying  bodies,  splinters,  etc 

Hand  tools  and  simple  instruments 

Stepping  on  nails  and  similar  sharp  bodies 

Other  causes 

Cause  not  reported 

Total 


7.28 
3.62 
11.23 


13.22 

8.09 
5.60 

13.35 
2.16 

13.30 
1.83 
1.35 
9.52 
6.30 


1,330 


3.31 
17.63 

1.89 

10.23 

.87 

1.35 
10.70 

7.32 


1  Eleven  months. 

Depending  upon  the  nature  of  the  work  and  the  particular  hazards 
attached  to  it,  the  comparative  importance  of  the  causes  varies  from 
one  branch  of  service  to  another.  In  the  following  table  the  com- 
parative importance  of  all  the  causes  is  expressed  in  totals  and  in  per- 
centages for  the  main  branches  of  service,  rather  than  departments, 
namely,  for  the  Isthmian  Canal,  the  navy  yards,  the  Engineer  De- 
partment of  the  War  Department,  the  arsenals,  the  Quartermaster's 
Department,  the  Reclamation  Service,  the  Railway  Mail  Service, 
the  Mail  Delivery  (rural  and  city),  other  branches  of  the  Post  Office 
Department,  and  the  Life-Saving  Service.  Collapse  and  fall  of 
materials  is  a  cause  of  first  rank  in  the  Isthmian  Canal  Service,  in 
the  navy  yards,   arsenals,   the  Engineer  Department,   Reclamation 


48 


REPORT    OF    THE    SECRETARY    OF    COMMERCE   AND   LABOR. 


Service,  i.  e.,  wherever  construction  work  is  done  or  heavy  materials 
are  handled,  but  it  is  of  very  small  importance  in  the  Railway  Mail 
Service,  Mail  Delivery  or  Life-Saving  Service.  Other  important 
causes  on  the  Isthmian  Canal  are  loading  and  unloading,  railway 
operations,  and  hand  tools.  Explosives  were  responsible  for  7.55 
per  cent  of  all  accidents  on  the  Isthmus,  and  for  8.27  per  cent  in  the 
Reclamation  Service  in  the  11  months  in  1908-9,  the  percentage 
for  subsequent  years  being  much  lower. 

In  general,  the  causes  of  accidents  in  the  Engineer  Department  and 
the  Reclamation  Service  are  quite  similar  to  those  on  the  Isthmian 
Canal,  except  that  railroad  accidents  are  few  in  either  of  these  two 
branches,  and  explosions  are  few  in  the  Engineer  Department.  In 
the  navy  yards,  power  machinery  assumes  an  important  position 
as  a  cause  of  injuries;  and  in  the  arsenals,  which  are  primarily  manu- 
facturing establishments,  a  still  higher  percentage  is  due  to  power 
machinery. 

In  the  Post  Office  Department  the  causes  of  accidents  are  alto- 
gether different,  over  three-fourths  of  all  accidents  in  the  Railway 
Mail  Service  being  due  to  railroad  operation,  while  in  the  Mail  De- 
livery Service  animals,  vehicles,  and  falls  are  the  most  frequent  causes. 
In  this  branch  of  service  over  four-fifths  of  all  accidents  are  due  to 
five  causes:  Animals,  vehicles,  railway  operation,  and  falls  either 
from  a  height  or  on  even  surface. 

The  table  follows : 


NUMBER  AND  PER  CENT  OF  ACCIDENTS  REPORTED  FROM  EACH  SPECIFIED  CAUSE, 
FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND  ,1910-11,  BY  DEPARTMENTS  AND 
BRANCHES  OF  SERVICE. 

NUMBER:   1908  O.i 


Departments,  services,  and  establishments. 

Isth- 
mian 
Canal 
Com- 
mis- 
sion. 

Navy 
yai  ds 

Engi- 
neer 
•  De- 
part- 
ment. 

Arse- 
nals. 

Q.uar- 
ter- 
m  as- 
ter's 
De- 
part- 
ment. 

Rec- 
lama- 
tion 

Serv- 
ice. 

Post  Office. 

Life- 
Sav- 
ing 
Serv- 
ice. 

All 
other. 

Causes  of  injury. 

Rail- 

wav 
Mail 
Serv- 
ice. 

Mail 
De- 
liv- 
ery. 

All 
other. 

Total. 

9 

27 

106 
7 

61 

43 

159 

31 
3 

531 
91 

2 

12 

134 
3 

33 

9 

2 

39 
9 

209 
94 

3 
5 
7 

13 
4 
3 

4 
1 

84 
49 

1 

1 

66 
2 

4 

1 

1 

8 

1 

1 

4 

3 

3 

38 
3 

13 

9 

6 

12 
3 

70 
40 

24 

Power -transmission  appa- 

48 

Working  machinery: 

7 

4 

362 

Not  using  power 

Elevators,    hoists,    cranes, 

15 

1 
2 

1 

1 

7 

1 

1 

3 

1 

137 

Steam  boilers,  piping,  ex- 

69 

Explosions    of    dynamite, 

11 
4 

2 
3 

185 

Inflammable,     poisonous, 
hot,  corrosive  materials, 

1 

1 

104 

16 

Collapse,  fall,  etc.,  of  mate- 

36 
11 

6 

10 

29 
S 

15 
10 

4 
28 

9 

8 

2 
7 

995 

Falls  from  ladders,  stairs, 
scaffolding,  etc.,  or  into 
excavations 

356 

1  Eleven  months. 


workmen's  compensation  under  act  OF  MAY  30,  1908.      49 


NUMBER  AND  PER  CENT  OF  ACCIDENTS  REPORTED  FROM  EACH  SPECIFIED  CAUSE, 
FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND  1910-11,  BY  DEPARTMENTS  AND 
BRANCHES  OF  SERVICE— Continued. 

NUMBER:  1908-9— Concluded. 


Causes  of  injury. 


Falls  on  even  surface 

Loading  and  unloading, 
lifting,  carrying,  etc 

Vehicles  (run  over  by  wag- 
ons, carts,  etc.) 

Railway  operation  (run- 
over,  etc.) 

Animals  (kicks,  bites,  etc., 
and  riding) 

Shipping  and  water  trans- 
portation  

Flying  bodies,  splinters,  etc 

Hand  tools  and  simple  in- 
struments  

Stepping  on  nails  and  simi- 
lar sharp  bodies 

Other  causes 

Cause  not  reported 


Departments,  services,  and  establishments. 


Isth- 
mian 
Canal 
Com- 
mis- 
sion. 


Navy 
yards. 


Total.. 


Engi- 
neer 
De- 
part- 
ment. 


945        336       204 


Quar- 
ter- 
mas- 
ter's 
De- 
part- 
ment. 


Hoc- 
in  illa- 
tion 
Serv- 


R  ail- 
way 
Mail 
Serv- 


PER  CENT:  1908-9.1 


Motors 

Power -transmission  appa- 
ratus  

Working  machinery: 

Using  power 

Not  using  power 

Elevators,   hoists,   cranes, 
etc.. 


Steam  boilers,  piping,  ex- 
plosions, etc 

Explosions  of  dynamite, 
powder,  etc 

Inflammable,  poisonous, 
hot,  corrosive  materials, 
gases,  vapors,  etc 

Electric  current 

Collapse,  fall,  etc.,  of  mate- 
rial, etc 

Falls  from  ladders,  stairs, 
scaffolding,  etc.,  or  into 
excavations 

Falls  on  even  surface 

Loading  and  unloading, 
lifting,  carrying,  etc 

Vehicles  (run  over  by  wag- 
ons, carts,  etc.) 

Railway  operation  (run- 
over,  etc.) 

Animals  (kicks,  bites,  etc., 
and  riding) 

Shipping  and  water  trans- 
portation  

Flying  bodies,  splinters,  etc 

Hand  tools  and  simple  in- 
struments  

Stepping  on  nails  and  simi- 
lar sharp  bodies , 

Other  causes 

Cause  not  reported 


Total.. 


4.13 
.95 

22.12 


.42 

.63 
2.33 

13.54 

1.59 
6.77 
.32 


14.58 
3.27 

16.07 


32.35 
.98 

1.96 


3.92 

17.65 


20.69 
3.45 


5.26 

5.  26 


11.76 

5.88 

13.24 
19.12 
2.94 

1.47 


12.50 
1.79 

21.43 


1.79 
23.21 

1.79 

8.93 
12.50 
1.79 


100.00 


9.62 
.76 

3.29 

2.28 

1.52 

3.04 

.76 

17.72 


2.13 
.33 

20.36 


1.86 
12.40 
1.88 
2.48 


1.0 


i.49 


80557°— 13- 


1  Eleven  months. 


50 


REPORT    OF    THE    SECRETARY   OF    COMMERCE   AND   LABOR. 


NUMBER  AND  PER  CENT  OF  ACCIDENTS  REPORTED  FROM  EACH  SPECIFIED  CAUSE, 
FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND  1910-11,  BY  DEPARTMENTS  AND 
BRANCHES  OF  SERVICE— Continued. 

NUMBER:  1909-10. 


Causes  of  injury. 


Isth- 
mian 
Canal 
Com- 
mis- 
sion. 


Departments,  services,  and  establishments. 


Navy 
yards. 


Kngi- 
neer 
De- 
part- 
ment. 


Quar- 
ter- 
ii  i  as- 
ter's 
De- 
part- 


Rec- 
lama- 
tion 
Serv- 
ice. 


Rail- 
way 
Mail 
Serv- 
ice. 


Motors 

Power- transmission  appa- 
ratus  

Working  machinery: 

Using  power 

Not  using  power 

Elevators,  hoists,  cranes, 
etc 

Steam  boilers,  piping,  ex- 
plosions, etc 

Explosions  of  dynamite, 
powder,  etc 

Inflammable,  p  o  i  s  o  nous, 
hot,  corrosive  materials, 
gases,  vapors,  etc 

Electric  current 

Collapse,  fall,  etc.,  of  ma- 
terials, etc 

Falls  from  ladders,  stairs, 
scaffolding,  etc.,  or  into 
excavations 

Falls  on  even  surface 

Loading  and  unloading, 
lifting,  carrying,  etc 

Vehicles  (run  over  by  wag- 
ons, carts,  etc.) 

Railway  operation  (run 
over,  etc) 

Animals  (kicks,  bites,  etc., 
and  riding) 

Shipping  and  water  trans- 
portation  

Flying  bodies,  splinters,etc 

Hand  tools  and  simple  in- 
struments  

Stepping  on  nails  and  simi- 
lar sharp  bodies 

Other  causes 

Cause  not  reported 

Total 

Motors 

Power-transmission  appa- 
ratus  

Working  machinery: 

Using  power 

Not  using  power 

Elevators,  hoists,  cranes, 
etc 

Steam  boiler,  piping,  ex- 
plosions, etc 

Explosions  of  dynamite, 
powder,  etc 

Inflammable,  poisonous, 
hot,  corrosive  materials, 
gases,  vapors,  etc 

Electric  current 

Collapse,  fall,  etc.,  of  ma- 
terials, etc 

Falls  from  ladders,  stairs, 
scaffolding,  etc.,  or  into 
excavations 


PER  CENT:  1909-10. 


0  12 
1.36 

2.81 

.28 

0.31 

.76 

12.47 
.54 

1.68 
.96 

3.37 

.48 

5.26 

0.19 

1.16 

11.63 
1.74 

3.14 

25.49 
.39 

1.45 
2.90 

0.54 

5.38 

.54 

3.28 

"i."75 

4.33 

2.45 

10.10 

1.45 

.54 

0.44 

4.92 

2.52 

.12 
1.58 

.69 

.24 
.96 

1.08 
1.61 

0.15 

.97 
.39 

.39 

2.97 
.65 

16.56 

5.66 
1.38 

15.07 

2.16 
12.03 

4.71 

.78 

10.98 

7.25 
1.45 

4.35 

7.53 
1.08 

18.28 

.15 

.44 

3.51 

6.01 
.19 

10.85 

1.97 

.88 

9.84 

5.82 

9.79 

13.46 

5.49 

11.59 

13.98 

2.43 

18.42 

11.48 

10.53 

14.34 

workmen's  compensation  under  ACT  OF  MAY  30,  1908.      51 

NUMBER  AND  PER  CENT  OF  ACCIDENTS  REPORTED  FROM  EACH  SPECIFIED  CAUSE, 
FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND  1910-11,  BY  DEPARTMENTS  AND 
BRANCHES  OF  SERVICE— Continued. 

PER  CENT:  1909-10— Concluded. 


Causes  of  injury. 


Isth- 
mian 
Canal 
Com- 
mis- 
sion. 


Falls  on  even  surface 

Loading  and  unloading, 
lifting,  carrying,  etc 

Vehicles  (run  over  by  wag- 
ons, carts,  etc.) 

Railway  operation  (run 
over,  etc) 

Animals  (kick  bites,  etc., 
and  riding) 

Shipping  and  water  trans- 
portation  

Flying  bodies, splinters, etc 

Hand  tools  and  simple  in- 
struments  

Stepping  on  nails  and  simi- 
lar sharp  bodies 

Other  causes 

Cause  not  reported 


Total.. 


Departments,  services,  and  establishmonts. 


Navy 
yards. 


5.17 

16.76 


.43 

.99 
11.85 

7.76 

3.15 
6.3^ 
.22 


5.36 
14.46 


100.00,100.00 


6.49 
11.06 
1.20 
4.81 

.72 

7.69 
5.05 

6.01 

3.85 


Quar- 


3.92 
12.94 
3.14 


12.16 
8.63 


8.70 
17.39 
11.59 


18.84 
4.35 


Rec- 
lama- 
tion 

Scrv- 


3.23 

3.76 
8. 06 

5.91 


1.21 

2.58 

1.37 

81.94 

.46 


100.00.100.00 


13.11 
11.48 
14.75 
3.28 
4.92 


6.56 


1.64 
13.11 

1.64 


100.00100.00 


NUMBER:  1910-11. 


Motors 

Power-transmission   appa- 
ratus  

Working  machinery: 

Using  power 

Not  using  power 

Elevators,   hoists,   cranes, 


etc. 


Steam  boilers,  piping,  ex- 
plosions, etc 

Explosions  of  dynamite, 
powder,  etc 

Inflammable,  poisonous, 
hot,  corrosive  material, 
gases,  vapors,  etc 

Electric  current 

Collapse,  fall,  etc.,  of  ma- 
terials, etc 

Falls  from  ladders,  stairs, 
scaffolding,  etc.,  or  into 
excavations 

Falls  on  even  surface 

Loading  and  unloading, 
lifting,  carrying,  etc 

Vehicles  (run  over  by  wag- 
ons, carts,  etc.) 

Railway  operation  (run 
over,  etc) , 

Animals  (kicks,  bites,  etc., 
and  riding) 

Shipping  and  water  trans- 
portation  

Flying  bodies,  splinters,  etc. 

Hand  tools  and  simple  in- 
struments  

Stepping  on  nails  and  simi- 
lar sharp  bodies 

Other  causes 

Cause  not  reported 


Total.. 


9,153 


52 


REPORT    OF    THE    SECRETARY   OF    COMMERCE   AND   LABOR. 


NUMBER  AND  PER  CENT  OF  ACCIDENTS  REPORTED  FROM  EACH  SPECIFIED  CAUSE, 
FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND  1910-11,  BY  DEPARTMENTS  AND 
BRANCHES  OF  SERVICE— Concluded. 

PER  CENT:  1910-11. 


Causes  of  injury. 


Isth- 
mian 
Canal 
Com- 
mis- 
sion. 


Motors 

Power-transmission    appa- 
ratus  

Working  machinery: 

Using  power , 

Not  using  power 

Elevators,    hoists,   cranes, 


etc. 


Steam  boilers,  piping,  ex- 
plosions, etc 

Explosions  of  dynamite, 
powder,  etc 

Inflammable,  poisonous, 
hot,  corrosive  material, 
gases,  vapors,  etc 

Electric  current 

Collapse,  fall,  etc.,  of  ma- 
terials, etc 

Falls  from  ladders,  stairs, 
scaffolding,  etc.,  or  into 
excavations 

Falls  on  even  surface 

Loading  and  unloading, 
lifting,  carrying,  etc 

Vehicles  (run  over  by  wag- 
ons, carts,  etc.) 

Railway  operation  (run 
over,  etc) 

Animals  (kicks,  bites,  etc., 
and  riding). 

Shipping  and  water  trans- 
portation  

Flying  bodies, splinters,  etc. 

Hand  tools  and  simple  in- 
struments  

Stepping  on  nails  and  simi- 
lar sharp  bodies 

Other  causes 

Cause  not  reported 


Total..' 


Departments,  services,  and  establishments. 


Navy 
yards. 


0.  20 

1.46 

3.  65 
.80 

5.11 


1.19 
20.50 


Kngi- 


1.00 

3.01 
.60 

5.42 

1.20 

3.82 

2.81 

17.07 


Quar- 


1.39 

4.  17 


16.67 
5.56 
5.56 

12.50 


)0  1l 


Rec- 
lama- 
tion 

Serv- 
ice. 


4.57 
.46 

3.  65 

5.94 
1.37 


Rail- 
way 

Mail 
Serv- 


4.63 

1.81 

78.47 

.40 


8.51 
8.51 

12.77 


2.13 

4.26 


3.85 
15.38 


9.83 
6.S 

2.31 

3. 

1.54 


2.50 
1.73 

1.54 


0.38 

1.23 

5.95 
1.83 

3.29 

1.46 

1.27 

2.74 
.68 

14.99 


15.09 
2.27 

12.46 
1.38 


The  causes  of  fatal  accidents  are  summarized  in  the  following  brief 
table.  In  the  11  months  ending  June  30,  1909,  explosions  caused  the 
largest  number  of  fatalities  in  the  Isthmian  Canal  Service,  this  being 
due  to  a  few  accidents,  each  affecting  several  persons;  less  than  5  per 
cent  of  the  fatalities  were  due  to  this  cause  the  second  year.  Taking 
the  three  years  together,  railway  operations,  etc.,  furnish  by  far  the 
greatest  number  of  cases  of  fatal  injuries.  It  is  obvious  that  no  gen- 
eral conclusions  can  be  based  on  the  limited  data  yet  available,  but 
they  are  of  interest  as  showing  the  current  facts.     The  table  follows. 


workmen's  compensation  under  act  OP  MAY  30,  1908.     53 

NUMBER  AND  PER  CENT  OF  FATAL  ACCIDENTS  REPORTED  FROM  EACH  CAUSE,  FOR 
THE  FISCAL  YEARS  1908-9,  1909-10,  AND  1910-11. 


All  other  de- 
partments, 
services,  and 
establishments. 


1908-9.1 
Motors 

Power-transmission  apparatus 

Working  machinery,  using  power 

Elevators,  hoists,  cranes,  etc 

Steam  boilers,  piping,  explosions,  etc 

Explosions  of  dynamite,  powder,  etc 

Inflammable,  poisonous,  hot,  corrosive  materials, 
gases ,  vapors,  etc 

Electric  current „ 

Collapse,  fall,  etc. ,  of  materials,  etc 

Falls  from  ladders,  stairs,  scaffolding,  etc.,  or  into  ex- 
cavations   

Falls  on  even  surface 

Loading,  unloading,  lifting,  carrying,  etc 

Vehicles  (run  over  by  wagons,  carts,  etc.) 

Railway  operation  (run  over,  etc) 

Animals  (kicks,  bites,  etc. ,  and  riding) 

Shipping  and  water  transportation 

Other  causes 

Cause  not  reported 


Total. . 


1909-10. 
Motors 

Power-transmission  apparatus 

Working  machinery,  using  power 

Elevators,  hoists,  cranes,  etc 

Steam  boilers,  piping,  explosions,  etc 

Explosions  of  dynamite,  powder,  etc 

Inflammable,  poisonous,  hot,  corrosive  materials, 
gases,  vapors,  etc 

E  lectric  current 

Collapse,  fall,  etc.,  of  materials,  etc 

Falls  from  ladders,  stairs,  scaffolding,  etc.,  or  into  ex- 
cavations  

Falls  on  even  surface 

Loading,  unloading,  lifting,  carrying,  etc 

Vehicles  (run  over  by  wagons,  carts,  etc.) 

Railway  operation  (run  over,  etc) 

Animals  (kicks,  bites,  etc.,  and  riding) 

Shipping  and  water  transportation 

Other  causes 

Cause  not  reported 


Total 

1910  11. 
Motors 

Power-transmission  apparatus 

Working  machinery,  using  power 

Elevators,  hoists,  cranes,  etc 

Steam  boilers,  piping,  explosions,  etc 

Explosions  of  dynamite,  powder,  etc 

Electric  current 

Collapse,  fall,  etc.,  of  materials,  etc 

Falls  from  ladders,  stairs,  scaffolding,  etc.,  or  into  ex- 
cavations  

Falls  on  even  surface 

Loading,  unloading,  lifting,  carrying,  etc 

Vehicles  (run  over  by  wagons,  carts,  etc.) 

Railway  operation  (run  over,  etc) 

Animals  (kicks,  bites,  etc.  and  riding) 

Shipping  and  water  transportation 

Flying  bodies,  splinters,  etc 

Hand  tools  and  simple  instruments 

Stepping  on  nails  and  similar  sharp  bodies 

Other  causes 

Cause  not  reported 

Total 


4.71 
1.18 


15.79 
1.75 
6.14 
.88 

13.16 
2.63 

22.81 


2 

1.37 

1 

.68 

6 

4.11 

1 

.68 

8.90 
2.05 
3.42 


.  (is 


3.42 
26.71 

4.79 
19.86 

6.16 

2.74 

100. 00 


i  Eleven  months. 


54 


REPORT   OF    THE    SECRETARY   OF   COMMERCE   AND   LABOR. 


DURATION  OF  DISABILITY. 

The  duration  of  the  disability  resulting  from  accidents  is  one  of  the 
most  important  factors  in  computing  the  cost  of  a  compensation  sys- 
tem. In  General  Table  VI  (pp.  140-147)  of  this  report  the  data  are 
presented  somewhat  in  detail  for  all  accidents  reported,  by  causes  of 
injury,  for  the  Isthmian  Canal  Commission,  for  all  other  branches  of 
service,  and  for  the  two  combined.  The  separation  of  the  injuries 
occurring  in  the  Canal  Zone  from  the  others  is  important  on  account 
of  the  nature  of  the  work  and  the  large  proportion  of  unskilled  work- 
men employed,  as  for  both  of  these  reasons  there  is  a  higher  accident 
rate  and  the  resultant  injuries  are  more  serious  than  in  the  more  per- 
manent lines  of  service  with  better  trained  and  disciplined  employees 
than  the  nature  of  conditions  on  the  Isthmus  renders  possible. 

The  separation  is  important  also  because  of  the,  fact  that  accidents 
involving  disability  of  15  days  and  less,  which  are  not  compensated 
under  the  act  of  May  30,  1908,  are  in  the  case  of  employees  of  the  Canal 
Commission  only,  compensated  under  the  act  of  February  24,  1909. 

The  following  table  summarizes  the  accidents  reported  by  duration 
of  disability,  and  shows  the  number  and  per  cent  causing  disability 
for  the  various  periods : 

NUMBER  AND  PER  CENT  OF  ACCIDENTS  REPORTED,  BY  DURATION  OF  DISABILITY, 
FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND  1910-11. 


Duration  of  disability. 

Isthmian  Canal 
Commission. 

All  other  depart- 
ments, services, 
and      establish- 
ments. 

Total. 

Number. 

Per  cent. 

Number. 

Per  cent. 

Number. 

Per  cent. 

1908-9.1 

768 
394 
266 
158 
105 
70 
45 
28 
19 
20 
10 
7 
11 
16 
17 
8 
17 
7 
20 
119 

36.48 
18.72 
12.64 
7.51 
4.99 
3.33 
2.14 
1.33 
.90 
.95 
.48 
.33 
.52 
.76 
.81 
.38 
.81 
.33 
.95 
5.65 

767 
371 
371 
274 
214 
120 
84 
57 
74 
35 
26 
18 
28 
51 
36 
30 
66 
20 
23 
114 

27.60 
13.35 
13.35 

9.86 
7.70 
4.32 
3.02 
2.05 
2.66 
1.26 
.94 
.65 
1.01 
1.84 
1.30 
1.08 
2.37 
.72 
.83 
4.10 

1,535 
765 
637 
432 
319 
190 
129 
85 
93 
55 
36 
25 
39 
67 
53 
38 
83 
27 
43 
233 

31.43 

15.66 

13.04 

8.85 

6.53 

3.89 

2.64 

1.74 

1  90 

1.13 

.74 

.51 

.80 

1.37 

1  09 

.78 

1.70 

.55 

.88 

Fatal 

4.77 

Total 

2  2, 105 

100. 00 

3  2, 779 

100. 00 

<4,884 

100.00 

i  Eleven  months. 

2  Not  including  2  cases,  duration  of  disability  not  reported. 
*  Not  including  1  case,  duration  of  disability  not  reported. 
«  Not  including  3  cases,  duration  of  disability  not  reported. 


workmen's  compensation  under  act  OF  MAY  30,  1908.      55 

NUMBER  AND  PER  CENT  OF  ACCIDENTS  REPORTED,  BY  DURATION  OF  DISABILITY, 
FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND  1910-11— Concluded. 


Duration  of  disability. 

Isthmian  Canal 
Commission. 

All  other   depart- 
ments, services, 
and      establish- 
ments. 

Total. 

Number. 

Percent. 

Number. 

Per  cent. 

Number. 

Per  cent. 

1909-10. 

1,362 
620 
266 

234 
181 
123 
56 
48 
45 
22 
21 
15 
12 
32 
11 
14 
40 
6 
35 
85 

42.19 

19.21 
8.24 
7.25 
5.61 
3.81 
1.73 
1.49 
1.39 
.68 
.65 
.46 
.37 
.99 
.     .34 
.43 
1.24 
.19 
1.08 
2.63 

918 
530 
538 
444 
286 
136 
105 
91 
97 
41 
35 
27 
34 
65 
44 
42 
87 
40 
14 
146 

24.68 
14.25 
14.46 
11.94 
7.69 
3.66 
2.82 
2.45 
2.61 
1.10 
.94 
.73 
.91 
1.75 
1.18 
1.13 
2.34 
1.08 
.38 
3.92 

2,280 
1,150 
804 
678 
467 
259 
161 
139 
142 
63 
56 
42 
46 
97 
55 
56 
127 
46 
49 
231 

32.82 

16.55 

11.57 

9.76 

6.72 

3.73 

2.32 

2.00 

2.04 

.91 

.81 

.60 

.66 

1.40 

.79 

.81 

1.83 

.66 

.71 

Fatal 

3.32 

Total 

»  3, 228 

100. 00 

a  3, 720 

100. 00 

»6,948 

100.00 

1910  11. 

2,674 
1,147 
364 
267 
208 
106 
70 
36 
29 
25 
21 
6 
16 
28 
12 
17 
49 
22 
29 
105 

51.11 
21.93 
6.96 
5.10 
3.98 
2.03 
1.34 
.69 
.55 
.48 
.40 
.11 
.31 
.54 
.23 
.32 
.94 
.42 
.55 
2.01 

993 
491 
584 
472 
286 
164 
109 
72 
82 
39 
34 
25 
36 
55 
48 
36 
88 
28 
29 
101 

26.33 
13.02 
15.48 
12.51 
7.58 
4.35 
2.89 
1.91 
2.17 
1.03 
.90 
.66 
.95 
1.46 
1.27 
.95 
2.33 
.74 
.77 
2.68 

3,667 
1,638 
948 
739 
494 
270 
179 
108 
111 
64 
55 
31 
52 
83 
60 
53 
137 
50 
58 
206 

40.73 

18.19 

10.53 

8.21 

5.49 

3.00 

1.99 

1.20 

1.23 

.71 

.61 

.34 

.58 

.92 

.67 

.59 

1.52 

.56 

.64 

Fatal     . 

2.29 

TotaL 

<5,231 

100.00 

»3,772 

100.00 

«  9, 003 

100.00 

i  Not  including  5  cases,  duration  of  disability  not  reported. 

2  Not  including  34  cases,  duration  of  disability  not  reported. 

3  Not  including  39  cases,  duration  of  disability  not  reported. 
«Not  including  145  cases,  duration  of  disability  not  reported. 
6  Not  including  11  cases,  duration  of  disability  not  reported. 

6  Not  including  156  cases,  duration  of  disability  not  reported. 

Some  caution  is  necessary  in  considering  these  data.  First,  there 
is  apparent  a  very  low  proportion  of  injuries  reported  as  permanent. 
As  a  matter  of  fact,  the  information  concerning  permanent  disability  is 
necessarily  incomplete,  since  the  law  does  not  concern  itself  with  the 
results  of  the  injuries  after  the  expiration  of  the  first  year,  and  the 
department  has  no  means  of  determining  accurately  how  many  of  the 
injuries  lead  to  permanent  disability.  Whether  ultimate  recovery 
will  take  place  or  not  can  only  be  estimated,  and  it  is  very  likely  that 
many  of  the  cases  reported  as  of  a  duration  of  365  days,  or  a  longer 


56  REPORT   OF   THE   SECRETARY   OF   COMMERCE   AND  LABOR. 

period,  may  actually  be  cases  of  permanent  disability.  No  method 
exists,  however,  of  following  up  cases  of  injury  after  the  termination 
of  the  first  year  of  disability. 

A  further  important  qualification  is  found  in  the  failure  of  the  law 
to  recognize  partial  permanent  disability.  In  case  of  return  to  work 
the  disability  is  considered  as  having  terminated,  though  the  results 
of  the  injury  are  often  permanent  and  such  as  seriously  to  impair  the 
earning  capacity  of  the  employee  in  any  other  employment  which  he 
might  be  forced  at  some  time  to  seek.  In  some  cases  the  permanent 
nature  of  the  injuries  and  the  permanent  reduction  of  earning  capacity 
are  quite  evident,  as  may  be  ascertained  by  an  examination  of  the 
tables  in  which  the  accidents  are  classified  according  to  the  nature  of 
the  injury  and  duration  of  disability.     (See  Table  IX.) 

A  comparison  of  the  distribution  of  the  accidents  reported  according 
to  duration  of  disability  on  the  Isthmian  Canal  with  all  other  depart- 
ments, services,  and  establishments  discloses  marked  differences.  A 
comparatively  larger  proportion  of  injuries  from  accidents  reported  as 
occurring  on  the  Canal  Zone  lasted  less  than  15  days  (55.20  per  cent 
in  the  11  months  in  1908-9,  61.40  per  cent  in  1909-10,  and  73.05  per 
cent  in  1910-11)  than  in  all  other  branches  of  service  (40.95  per  cent 
in  the  11  months  in  1908-9,  38.93  per  cent  in  1909-10,  and  39.35  per 
cent  in  1910-11);  and  correspondingly  a  larger  proportion  of  the 
accidents  reported  lasted  from  15  to  21  days  in  the  other  branches 
than  in  the  Canal  Zone,  namely,  13.35  as  against  12.62  in  the  11 
months  in  1908-9,  14.33  as  against  8.23  in  1909-10,  and  15.48  per 
cent  as  against  6.96  in  1910-11 ;  for  accidents  of  21  to  28  days'  dura- 
tion the  comparative  proportions  are  9.86  per  cent  and  7.50  per  cent 
for  the  first  period,  11.83  and  7.24  in  1909-10,  and  12.51  and  5.10  in 
1910-11;  for  injuries  of  28  to  35  days'  duration  the  proportions  are 
7.7  per  cent  and  4.98  per  cent  in  the  11  months  in  1908-9,  7.62  per 
cent  and  5.60  per  cent  in  1909-10,  and  7.58  and  3.98  in  1910-11. 
The  difference  may  be  partly  due  to  better  reporting  of  minor  acci- 
dents in  the  Isthmian  Canal  Zone,  but  also  probably  to  the  fact  that 
all  injured  employees  receive  gratuitous  medical  and  surgical  aid  from 
Government  physicians  and  are  consequently  under  closer  medical 
supervision,  which,  while  necessarily  leading  to  more  accurate  report- 
ing of  accidents,  must  both  accelerate  the  actual  recovery  from 
injuries  and  also  prevent  the  undue  extension  of  absence  from  work 
beyond  the  time  required  by  the  condition  of  the  injury.  Further- 
more, employees  on  the  Isthmus  are  compensated  for  all  periods  of 
disability  under  the  system  of  meritorious  sick  leave,  authorized  by 
the  act  of  February  24,  1909,  thus  differing  from  that  provision  of  the 
general  law  which  allows  no  comp3nsation  in  other  departments  and 
branches  of  service  in  cases  of  disability  lasting  not  over  15  days,  and 
full  compensation  for  the  entire  time  of  disability  when  it  lasts  more 
than  15  days;  and  this  fact  is  known  to  exercise  a  material  influence 


workmen's  compensation  under  act  OF  MAY  30,  1908.      57 

upon  the  reported  duration  of  disability  in  individual  cases  perhaps 
sufficient  in  number  to  affect  the  foregoing  statistical  showing  on 
this  point. 

In  the  following  table  a  comparison  is  made  of  the  duration  of 
compensated  accidents  with  that  of  noncompensated  accidents  for 
the  purpose  of  determining  whether  the  fact  of  compensation  appears 
to  influence  in  any  way  the  duration  of  disability.  For  the  purposes 
of  this  comparison  all  accidents  leading  to  a  disability  of  15  days  and 
under  were  eliminated,  as  these  do  not  lead  to  any  compensation 
under  the  law.  The  fatal  accidents  were  also  eliminated,  as  in  these 
cases  the  fact  of  compensation  can  not  affect  the  question  under  con- 
sideration. 

NUMBER  AND  PER  CENT  OF  COMPENSATED  AND  NONCOMPENSATED  CASES,  BY 
CLASSIFIED  DAYS  OF  DURATION  OF  DISABILITY,  FOR  THE  FISCAL  YEARS,  1908-9, 
1909-10,  1910-11. 


Compensated  cases. 

Noncompensated  cases. 

Isth- 
mian 
Canal 
Com- 
mis- 
sion. 

All 
other 
depart- 
ments, 
serv- 
ices, 
and  es- 
tablish- 
ments. 

Total. 

Isth- 
mian 
Canal 
Com- 
mis- 
sion. 

All 
other 
depart- 
ments, 
serv- 
ices, 
and  es- 
tablish- 
ments. 

Total. 

Duration  of  disability. 

Num- 
ber. 

Per 
cent. 

Num- 
ber. 

Per 
cent. 

1908-9.1 

221 
140 
94 
61 
42 
24 
19 
17 
9 
7 
8 
14 
12 
7 

15 
7 
20 

223 
197 
125 
83 
53 
32 
31 
17 
17 
8 
10 
31 
13 
16 
26 
11 
18 

444 
337 
219 
144 
95 
56 
50 
34 
26 
15 
18 
45 
25 
23 
41 
18 
38 

27.27 
20.70 
13.45 
8.85 
5.84 
3.44 
3.07 
2.09 
1.60 
.92 
1.11 
2.76 
1.54 
1.41 
2.52 
1.11 
2.33 

45 
18 
11 
9 
3 
4 

3' 

1 

3' 

2 
5 
1 

2 

148 
77 
89 
37 
31 
25 
43 
18 
9 
10 
18 
20 
23 
14 
40 
9 
5 

193 
95 

100 
46 
34 
29 
43 
21 
10 
10 
21 
22 
28 
15 
42 
9 
5 

26.69 

13.14 

13.83 

6.36 

4.70 

4.01 

5.95 

2.90 

1.38 

1.38 

2.90 

Over  91  but  not  over  119  days 

Over  119  but  not  over  147  days 

Over  147  but  not  over  182  days 

Over  182  but  not  over  365  days 

3.04 
3.87 
2.07 
5.81 
1.24 

.69 

Total 

717 

2  911 

2  1,628 

100.  00 

3  107 

616 

»723 

100.00 

1909-10. 

256 
222 
165 
121 
55 
45 
40 
22 
20 
13 
12 
30 
11 
14 

369 
342 
161 
94 
61 
55 
34 
27 
17 
16 
9 
35 
18 
20 

625 
564 
326 
215 
116 
100 
74 
49 
37 
29 
21 
65 
29 
34 

25.73 
23.22 
13.42 
8.85 
4.78 
4.12 
3.05 
2.02 
1.52 
1.19 
.86 
2.68 
1.19 
1.40 

10 
12 
16 
2 
1 
3 
5 

i' 

2 

2' 

169 
102 
125 
42 
44 
36 
63 
14 
18 
11 
25 
30 
26 
22 

179 
114 
141 
44 
45 
39 
68 
14 
19 
13 
25 
32 
26 
22 

20.86 

13.29 

16.43 

5.13 

5.24 

4.55 

7.93 

1.63 

2.21 

1.52 

2.91 

Over  91  but  not  over  119  days 

Over  119  but  not  over  147  days 

Over  147  but  not  over  182  days 

3.73 
3.03 
2.56 

1  Eleven  months. 

2  Not  including  1  case,  duration  of  disability  not  reported. 
»  Not  including  2  cases,  duration  of  disability  not  reported. 


58 


REPORT   OF   THE   SECRETARY   OF   COMMERCE   AND   LABOR. 


NUMBER  AND  PER  CENT  OF  COMPENSATED  AND  NONCOMPENSATED  CASES,  BY 
CLASSIFIED  DAYS  OF  DURATION  OF  DISABILITY,  FOR  THE  FISCAL  YEARS  1908-9, 
1909-10,  1910-11— Concluded. 


Compensated  cases. 

Noncompensated  cases. 

Isth- 
mian 
Canal 
Com- 
mis- 
sion. 

All 
other 
depart- 
ments, 
serv- 
ices, 
and  es- 
tablish- 
ments. 

Total. 

Isth- 
mian 
Canal 
Com- 
mis- 
sion. 

All 

other 
depart- 
ments, 
serv- 
ices, 
and  es- 
tablish- 
ments. 

Total. 

Duration  of  disability. 

Num- 
ber. 

Per 
cent. 

Num- 
ber. 

Per 
cent. 

1909-10— Concluded. 
Over  182  but  not  over  365  days 

40 
6 
33 

42 
10 
14 

82 
16 

47 

3.38 
.66 

2~ 

45 
30 

45 
30 
2 

5.24 
3.50 

.23 

Total 

1,105 

1,324 

2,429 

100. 00 

156 

a  802 

3  858 

100.00 

1910-11. 

356 
252 
201 
103 
68 
35 
27 
24 
21 
6 
14 
23 
11 
17 
48 
21 
26 

433 
390 
191 
118 
74 
55 
45 
26 
17 
14 
14 
34 
30 
18 
52 
13 
21 

789 
642 
392 
221 
142 
90 
72 
50 
38 
20 
28 
57 
41 
35 
100 
34 
47 

28.20 
22.94 
14.01 
7.90 
5.08 
3.22 
2.57 
1.79 
1.36 
.71 
1.00 
2.04 
1.47 
1.25 
3.57 
-  1.22 
1.68 

8 
15 
7 
3 
2 
1 
2 
1 

2 

5 

1 

i' 

i 

3 

151 
82 
95 
46 
35 
17 
37 
13 
17 
11 
22 
21 
18 
18 
36 
15 
8 

159 
97 

102 
49 
37 
18 
39 
14 
17 
11 
24 
26 
19 
18 
37 
16 
11 

22.91 

13.98 

14.70 

7.06 

5.33 

Over  49  but  not  over  56  days 

2.59 
5.62 

2.02 

2.45 

1.59 

3.46 

Over  91  but  not  over  119  days 

Over  119  but  not  over  147  days 

Over  147  but  not  over  182  days 

Over  182  but  not  over  365  days 

3.75 

2.74 
2.59 
5.33 
2.31 

1.59 

Total 

*  1,253 

1,545 

«  2, 798 

100. 00 

*52 

6  642 

*  694 

100.00 

1  Not  including 

2  Not  including 

3  Not  including 
*  Not  including 
s  Not  including 

6  Not  including 

7  Not  including 


5  cases,  duration  of  disability  not  reported. 
34  cases,  duration  of  disability  not  reported. 
39  cases,  duration  of  disability  not  reported. 
20  cases,  duration  of  disability  not  reported. 
72  cases,  duration  of  disability  not  reported. 
11  cases,  duration  of  disability  not  reported. 
83  cases,  duration  of  disability  not  reported. 


If  only  nonfatal  accidents  reported  as  causing  disability  for  over 
15  days  are  compared,  it  appears  that  781,  or  47.97  per  cent,  of  the 
total  compensated  cases  in  1908-9  lasted  from  15  to  28  days,  as  against 
288,  or  39.83  per  cent,  of  the  total  number  of  noncompensated  cases. 
The  noncompensated  accidents,  on  the  other  hand,  showed  a  higher 
proportion  of  the  longer  periods  of  disability.  In  1909-10  there 
were  1,189?  or  48.95  per  cent,  of  the  compensated  accidents  that 
caused  disability  from  15  to  28  days  and  293,  or  34.15  per  cent,  of  the 
noncompensated  cases,  while  in  1910-11,  51.14  per  cent  of  the  1,431 
compensated  cases  lasted  from  15  to  28  days,  as  against  256,  or  36.89 
per  cent,  of  the  noncompensated  cases.  The  facts  as  to  the  longer 
periods  of  disability  are  the  same  for  the  second  and  third  years  as 
for  the  first  year. 


workmen's  compensation  under  ACT  OF  MAY  30,  1908.      59 

The  larger  percentages  in  cases  of  minor  compensated  accidents, 
as  compared  with  the  minor  noncompensated  accidents,  probably 
mean  that  in  the  case  of  such  minor  accidents  those  which  are  entitled 
to  compensation  are  reported  more  carefully  or,  again,  a  certain 
extension  of  disability  in  some  cases  to  bring  the  accident  within 
the  law  is  probable,  as  was  suggested  on  a  preceding  page,  and  has 
also  been  recognized  in  the  administration  of  the  law.  Beyond 
that,  however,  the  statistics  of  the  duration  of  accidents  reveal  no 
tendency  to  prolong  the  period  of  disability  unnecessarily. 

Comparing  accidents  of  like  classes  as  to  duration,  it  appears 
that  of  1,069  cases  of  disability  in  the  11  months  in  1908-9  of  from 
15  to  28  days'  duration  781,  or  73.06  per  cent,  were  compensated 
and  288,  or  26.94  per  cent,  were  not,  while  in  1909-10  there  were 
1,482  accidents  of  this  class,  of  which  1,189,  or  80.23  per  cent,  were 
compensated  and  293,  or  19.77  per  cent,  were  not;  and  in  1910-11, 
of  a  total  of  1,687  cases  of  disability  of  this  duration,  1,431,  or  84.8 
per  cent,  were  compensated  and  256,  or  15.2  per  cent,  were  not. 
Of  971  accidents  in  the  11  months  .in  1908-9  causing  disability  of 
from  28  to  91  days'  duration  657,  or  67.66  per  cent,  were  compen- 
sated and  314,  or  32.34  per  cent,  were  without  compensation.  In 
1909-10  the  number  in  this  class  was  1,375,  of  which  967,  or  70.33 
per  cent,  were  compensated  and  408,  or  29.67  per  cent,  were  not, 
while  in  1910-11  there  were  1,364  such  accidents,  of  which  1,053,  or 
77.20  per  cent,  were  compensated  and  311,  or  22.80  per  cent,  were 
not.  There  were  311  accidents  reported  in  the  11  months  ending 
June  30,  1909,  causing  disability  for  over  91  days,  and  of  these  190, 
or  61.09  per  cent,  were  compensated  and  121,  or  38.91  per  cent,  were 
not.  In  1909-10  there  were  430  accidents  of  this  class,  of  which  273, 
or  63.49  per  cent,  received  compensation  and  157,  or  36.51  per  cent, 
did  not,  while  of  the  441  cases  of  this  class  occurring  in  1910-11,  314, 
or  71.20  per  cent,  were  compensated  and  127,  or  28.80  per  cent,  were 
not. 

DURATION  OF  DISABILITY  AND  CAUSE  OF  ACCIDENTS  REPORTED. 

General  Table  VI  also  furnishes  material  for  a  study  of  the  relation 
of  the  cause  of  the  accident  to  the  duration  of  the  resultant  disability, 
accidents  being  there  classified  by  cause  and  duration.  A  decided 
difference  between  effects  of  different  causes  may  be  easily  noticed 
even  on  a  casual  inspection  of  these  tables.  For  purposes  of  a  more 
careful  comparison,  all  accidents  (including  those  resulting  in  disa- 
bility of  15  days  and  under)  have  been  classified  as  to  duration  in  the 
following  summary  table  into  six  groups — those  lasting  not  over 
4  weeks,  from  4  to  not  over  13  weeks,  from  13  to  not  over  26  weeks, 
from  26  weeks  to  1  year,  over  1  year  (including  permanent),  and 
fatal. 


60 


REPORT   OF   THE   SECRETARY  OE   COMMERCE   AND  LABOR. 


NUMBER  AND  PER  CENT  OF  ACCIDENTS  REPORTED,  BY  CAUSE  OF  INJURY  AND 
CLASSIFIED  DURATION  OF  DISABILITY,  FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND 
1910-11. 


Disability  of— 

Cause  of  injury. 

4  weeks 

and 
under. 

Over  4 
but  not 
over  13 
weeks. 

Over  13 
but  not 
over  26 
weeks. 

Over  26 
weeks  but 
not  over 

1  year. 

Over 
1  year. 

Fatal. 

Total. 

No. 

Per 
cent. 

No. 

Per 
cent. 

No. 

Per 

cent. 

No. 

Per 
cent. 

No. 

Per 

cent. 

No. 

Per 
cent. 

No. 

Per 

cent. 

1908-9.1 

Motors: 

Isthmian  Canal  Corn- 

7 
7 

77.78 
46.67 

2 

5 

22.22 
33.33 

9 

15 

100. 00 

All  other  departments, 
services,  and  estab- 

2 

13.33 

1 

6.67 

100. 00 

Total 

14 

58.33 

7 

29.17 

2 

8.33 

1 

4.17 

24 

100.00 

Power-transmission    ap- 
paratus: 
Isthmian  Canal  Corn- 

23 
14 

85.19 
66.67 

3 
4 

11.11 
19.05 

1 
1 

3.70 
4.76 

27 
21 

100.00 

All  other  departments, 
services,  and  estab- 

1 

4.76 

1 

4.70 

100. 00 

Total 

37 

77.08 

7 

14.58 

1 

2.08 

1 

2.08 

2 

4.17 

48 

100.00 

Working  machinery,  us- 
ing power: 
Isthmian  Canal  Corn- 

86 
189 

81.13 
74.12 

17 
53 

16.04 

20.78 

2 

5 

1.89 
1.96 

1 
'3 

0.94 
1.18 

106 
2  255 

100. 00 

All  other  departments, 
services,  and  estab- 

1 

.39 

4 

1.57 

100.  00 

Total 

275 

76.18 

70 

19.39 

7 

1.94 

4 

1.11 

1 

.28 

4 

1.11 

2  361 

100. 00 

Working  machinery,  not 
using  power: 
Isthmian  Canal  Corn- 

7 
4 

100.00 
50.00 

7 
8 

100.  00 

All  other  departments, 
services,  and  estab- 

1 

12.50 

1 

12.50 

2 

25.00 

100. 00 

Total 

11 

73.33 

1 

6.67 

1 

6.67 

2 

13.33 

15 

100.00 

Elevators,  hoists,  cranes, 
etc.: 
Isthmian  Canal  Com- 
mission  

43 
36 

70.49 
47.37 

13 
27 

21.31 
35.53 

4 

4 

6.56 

5.26 

1 
3 

1.64 
3.95 

61 

76 

100. 00 

All  other  departments, 
services,  and  estab- 

4 

5.26 

2 

2.63 

100. 00 

Total 

79 

57.66 

40 

29.20 

4 

2.92 

2 

1.4b 

8 

5.84 

4 

2.92 

137 

100. 00 

Steam     boilers,    piping, 
etc.,  explosions,  etc.: 
Isthmian  Canal  Corn- 

41 
20 

95.35 
76.92 

2 
3 

4.65 
11.54 

43 
26 

100. 00 

All  other  departments, 
services,  and  estab- 

1 

3.85 

1 

3.  85 

1 

3.85 

100. 00 

Total 

61 

88.41 

5 

7.25 

1 

1.45 

1 

1.45 

1 

1.45 

69 

100. 00 

Explosions  of  dynamite, 
powder,  etc.: 
Isthmian  Canal  Com- 
mission   

All  other  departments, 
services,  and  estab- 

81 
13 

50.94 
50.00 

21 
6 

13.21 
23.08 

6 
2 

3.77 
7.69 

3 
1 

1.89 
3.85 

4 
2 

2.52 

7.69 

44 
2 

27.67 
7.69 

159 
26 

100. 00 
100. 00 

Total 

94 

50.81 

27 

14.59 

8 

4.32 

4 

2.16 

6 

3.24 

46 

24.86 

185 

100.00 

1  Eleven  months. 


«  Not  including  1  case,  duration  of  disability  not  reported. 


workmen's  compensation  under  ACT  OF  MAY  30,  1908.      61 

NUMBER  AND  PER  CENT  OF  ACCIDENTS  REPORTED,  BY  CAUSE  OF  INJURY  AND 
CLASSIFIED  DURATION  OF  DISABILITY,  FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND 
1910-11— Continued. 


Disability  of— 

Cause  of  injury. 

4  weeks 

and 
under. 

Over  4 
but  not 
over  13 
weeks. 

Over  13 
but  not 
over  26 
weeks. 

Over  26 

weeks  but 

not  over 

1  year. 

Over 
1  year. 

Fatal. 

Total. 

No. 

Per 

cent. 

No. 

Per 
cenl . 

No. 

Per 
cent. 

No. 

Per 
cent. 

No. 

Per 
cent. 

«»-b. 

No. 

Per 
cent. 

1908-9— Continued . 
Inflammable,  poisonous, 
hot,   corrosive  materi- 
als, gases,  vapors,  etc.: 
Isthmian  Canal  Corn- 

28 
54 

90.32 
73.97 

2 

14 

6.45 

19.18 

i 
i 

3.23 
1.37 

31 
73 

100.00 

All  other  departments, 
services,  and  estab- 

3 

4.11 

1 

1.37 

100.00 

Total 

82 

78.85 

16 

15.38 

3 

2.88 

1 

.96 

2 

1.92 

104 

100. 00 

Electric  current: 

Isthmian  Canal  Corn- 

2 

10 

66.67 
76.92 

1 
1 

33.33 

7.69 

3 

13 

100.00 

All  other  departments, 
services,  and  estab- 

2 

15.38 

100. 00 

Total 

12 

75.00 

2 

12.50 

2 

12.50 

16 

100.00 

Collapse,  fall,  etc.,  of  ma- 
terials, etc.: 
Isthmian  Canal  Corn- 

428 
321 

80.60 
69.18 

92 

14.50 

19.83 

13 
14 

3.45 

3.02 

1 

10 

.19 
2.16 

2 
12 

0.38 
2.59 

10 

15 

1.88 
3.23 

531 
464 

100. 00 

All  other  departments, 
services,  and  e stab- 

100.00 

Total  

749 

75.28 

169 

16.98 

27 

2.71 

11 

1.11 

14 

1.41 

25 

2.51 

995 

100.00 

Falls  from  ladders,  etc., 
or  into  excavations,  etc. : 
Isthmian  Canal  Com- 
mission   

60 

75.82 
60.38 

17 
62 

is.  as 

23.  40 

1 
17 

1.10 
6.42 

2 
6 

2.20 
2.26 

2 

18 

2.20 
6.79 

91 
265 

100.00 

All  other  departments, 
services,  and  estab- 

160 

2 

.75 

100.00 

Total 

229 

64.33 

79 

22.19 

18 

5.06 

8 

2.25 

2 

.56 

20 

5.62 

356 
56 
121 

100. 00 

Falls  on  even  surface: 
Isthmian  Canal  Com- 
mission   

43 
73 

76.79 
60.33 

10 
34 

17.  86 
28.  in 

1 

8 

1.79 
6.61 

1 
2 

1.79 
1.65 

1 
2 

1.79 
1.65 

100.00 

All  other  departments, 
services,  and  estab- 

2 

1.65 

100.00 

Total 

116 

65.54 

44 

24.86 

0 

5.08 

3 

1.69 

2 

1.13 

3 

1.69 

177 

100  00 

Loading,  unloading,  lift- 
ing, carrying,  etc.: 
Isthmian  Canal  Corn- 

212 
183 

75.44 
68.03 

55 

67 

19.57 

24.01 

4 
6 

1.42 
2.23 

1 
3 

.36 
1.12 

3 
3 

1.07 

1.12 

6 

7 

2.14 
2.60 

1281 
269 

100.00 

All  other  departments, 
services,  andestab- 

100  00 

Total 

395 

10 
53 

71.82 

66.67 
69.74 

122 

22.  IS 

26.^7 
10.74 

10 

1.82 

4 

.73 

6 

1.09 

13 

2.36 

1550 

100.00 

Vehicles    (run    over   by 
wagons,  carts,  etc.): 
Isthmian  Canal  Com- 
mission   

4 

15 

1 
1 

6.67 
1.32 

15 

76 

100.00 

A 11  other  departments, 
services,  and  estab- 

3 

3.95 

3 

3.95 

1 

1.32 

100.00 

Total 

63 

69.23 

19 

20. 881        * 

3.30 

3 

3.30 

1 

1.10 

2 

2.20 

91 

100  00 

i  Not  including  1  care,  duration  of  disability  not  reported. 


62 


REPORT    OF    THE    SECRETARY    OF    COMMERCE   AND    LABOR. 


NUMBER  AND  PER  CENT  OF  ACCIDENTS  REPORTED,  BY  CAUSE  OF  INJURY  AND 
CLASSIFIED  DURATION  OF  DISABILITY,  FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND 
1910-11— Continued. 


Disability  of— 

Cause  of  injury. 

4  weeks 

and 
under. 

Over  4 
but  not 
over  13 
weeks. 

Over  13 
but  not 
over  26 
weeks. 

Over  26 
weeks  but 
not  over 

1  year. 

Over 
1  year. 

Fatal. 

Total. 

No 

Per 

cent. 

No. 

Per 
cent. 

No. 

Per 
cent. 

No. 

Per 

cent. 

No. 

Per 

cent. 

No. 

Per 
cent. 

No. 

Per 
cent. 

1908-9—  Contin  ued. 
Railway    operation    (run 
over,  etc.): 
Isthmian  Canal  Corn- 

131 

146 

52.  82 

40.  78 

45 
139 

18.15 
38.83 

10 
26 

4.03 

7.26 

8 
24 

3.23 

6.70 

13 
8 

5.24 
2.23 

41 
15 

16.53 
4.19 

248 
358 

100. 00 

All  other  departments, 
services,  and  estab- 

100.00 

Total 

277 

45.  71 

184 

30.36 

36 

5.94 

32 

5.28 

21 

3.47 

56 

9.24 

606 

100.00 

Animals     (kicks,     bites, 
etc.,  and  riding): 
Isthmian  Canal  Corn- 

9 

50 

64.29 
64.94 

5 

17 

35.71 

22.08 

14 

77 

100.00 

All  other  departments, 
services,  and   estab- 

4 

5.19 

3 

3.90 

3 

3.90 

100.00 

Total 

59 

64.  84 

22 

24.18 

4 

4.40 

3 

3.30 

3 

3.30 

91 

100. 00 

Shipping  and  water  trans- 
portation: 
Isthmian  Canal  Corn- 

23 
45 

65.  71 
52.94 

3 

13 

8.57 
15. 29 

1 
1 

2.86 
1.18 

8 
26 

22.86 
30.59 

135 

l85 

100.00 

All  other  departments, 
services,  and  estab- 

100.00 

Total 

68 

56.  67 

16 

13.33 

2 

1.67 

34 

28.33 

2  120 

100. 00 

Flying    bodies,    splinters 
etc.: 
Isthmian  Canal  Corn- 

12 
29 

75.  CO 

78. 38 

3 

6 

18.75 
16.22 

1 

6.25 

16 
37 

100. 00 

All  other  departments, 
services,  and  es tab- 

2 

5.41 

100.00 

Total 

41 

77.  36 

9 

16.98 

2 

3.77 

1 

1.89 

53 

100.00 

Hand    tools   and   simple 
instruments: 
Isthmian  Canal  Corn- 

202 
176 

87.  S3 
75. 21 

27 
46 

11.74 
19.66 

1 
9 

.43 
3.85 

230 
234 

100.00 

All  other  departments, 
services,  and  estab- 

1 

.43 

2 

.85 

100.00 

Total 

378 

81.47 

73 

15.73 

10 

2.16 

1 

.22 

2 

.43 

464 

100. 00 

Stepping  on  nails  and  sim- 
ilar sharp  bodies: 
Isthmian  Canal  Corn- 

54 
54 

98.  18 
94.74 

1 
3 

1.82 
5.26 

55 
57 

100.00 

All  other  departments, 
services,  and  estab- 

100.00 

Total .' 

108 

96.43 

4 

3.57 

112 

100. 00 

Other  causes: 

Isthmian  Canal  Corn- 

75 
144 

87.  21 
67.92 

8 
42 

9.30 
19.81 

2 

8 

2.33 
3.77 

1 
9 

1.16 
4.25 

86 
212 

100. 00 

All  other  departments, 
services,  and  estab- 

7 

3.30 

2 

.94 

100. 00 

Total 

219 

73.49 

50 

16.78 

10 

3.36 

7 

2.35 

2 

.67 

10 

3.36 

298 

100.00 

1  Not  including  1  case,  duration  of  disability  not  reported. 
a  Not  including  2  cases,  duration  of  disability  not  reported. 


workmen's  compensation  under  ACT  OF  MAY  30,  1908.      63 


NUMBER  AND  PER  CENT  OF  ACCIDENTS  REPORTED,  BY  CAUSE  OF  INJURY  AND 
CLASSIFIED  DURATION  OF  DISABILITY,  FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND 
1910-11— Continued. 


Disability  of— 

Cause  of  injury. 

4  weeks 

and 
under. 

Over  4 

but  not 
over  13 
weeks. 

Over  13 
but  not 
over  26 
weeks. 

Over  26 
weeks  but 
not  over 

1  year. 

Over 
1  year. 

Fatal. 

Total. 

No. 

Per 
cent. 

No. 

Per 

cent. 

No. 

Per 

cent. 

No. 

Per 
cent. 

No. 

Per 
cent 

No. 

Per 
cent. 

100.00 
36.36 

No. 

Per 
cent. 

1908-9— Concluded. 
Cause  not  reported: 

Isthmian  Canal  Corn- 

1 

4 

1 

11 

100.00 

All  other  departments, 
services,  and  estab- 

2 

18.18 

5 

45.  45 

100.00 

Total 

2 

5 

5 

12 

100.00 

Total: 

Isthmian  Canal  Corn- 

1,586 

1,783 

75.34 
64.16 

315  14.96 
656  23.61 

41 
117 

1.95 
'4.21 

17 
66 

0.81 
2.37 

27 
43 

1.28 
1.55 

119 
114 

5.65 
4.10 

12,105 
2  2,779 

100.00 

All  other  departments, 
services,  and  estab- 

100.00 

Total 

3,369 

fi8.  9S 

971 19 -88 

158 

3.24 

83 

1.70 

70 

1.43 

233 

4.77 

M,884 

100.00 

1909-10. 

Motors: 

Isthmian  Canal  Com- 

2 
2 

50.00 
13.33 

1 
1 

25.00 
6.67 

1 
1 
l1  25.00 

4 
15 

100. 00 

All  other  departments, 
services,  and  es tab- 

12 

sn.no 

mn  m 

Total 

12  63.16 

4 

21.05 

2 

10.53 

1     5.26 

19J100.00 

Power-transmission  appa- 
ratus: 
Isthmian  Canal  Corn- 

33 
18 

75.00 
60.00 

7 

7 

15.91 
23.33 

2 
2 

4.55 

6.67 

1 
1 

2.27 
3.33 

1  2.27 

2  6. 67 

44 
30 

100.00 

All  other  departments, 
services,  and  estab- 

inn.no 

Total 

51 

68.92 

14 

18.92 

4 

5.41 

2 

2.70 

3     4.05 

74 

100.00 

Working  machinery,  using 
power: 
Isthmian  Canal  Corn- 

65 

222 

71.43 
70.93 

20 

84 

21.98 
26.84 

2 
2 

2.20 

.64 

3 
1 

3.30 
.32 

1 

1.10 
.32 

91 
3  313 

100.00 

All  other  departments, 
services,  and  estab- 

3 

.96 

100.00 

Total 

287 

71.04 

104 

25.74 

4 

.99 

3 

.74 

4 

.99 

2       .50 

3  404 

100.00 

Working  machinery,  not 
using  power: 
Isthmian  Canal  Corn- 

3 
13 

33. 33 

61.90 

3 

6 

33.33 

28.57 

1 

1 

11.11 
4.76 

1 
1 

11.11 
4.76 

1    11.11 

9 

21 

100. 00 

All  other  departments, 
services,  and  estab- 

100.00 

Total 

16 

53.33 

9 

30.00 

2 

6.67 

2 

6.67 

1     3.33 

30 

100.00 

Elevators,  hoists,  cranes, 
etc.: 
Isthmian  Canal  Corn- 

97 

fiQ.  29 

25 
22 

17.86 
23.66 

3 
2 

2.14 
2.15 

4 
2 

2.86 
2.15 

2 

1.43 

9 
6 

6.43 
fi.45 

140 
93 

100  00 

All  other  departments, 
services,  and  estab- 

1 

61,65.59 

100  00 

TotaL 

158  R7  si 

47 

20.17 

5 

2.15 

6 

2.58 

2 

.86 

233 

1  Not  including  2  cases,  duration  of  disability  not  reported. 
*  Not  including  1  case,  duration  of  disability  not  reported. 
■  Not  including  3  cases,  duration  of  disability  not  reported. 


64 


REPORT    OF    THE    SECRETARY   OF   COMMERCE   AND   LABOR. 


NUMBER   AND   PER  CENT   OF  ACCIDENTS  REPORTED,   BY  CAUSE   OF  INJURY  AND 
CLASSIFIED  DURATION  OF  DISABILITY,  FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND 
/  1910-11— Continued. 


Disability  of— 

Cause  of  injury. 

4  weeks 

and 
under. 

Over  4 
but  not 
over  13 
weeks. 

Over  13 
but  not 
over  26 
weeks. 

Over  26 

weeks  but 

not  over 

1  year. 

Over 
1  year. 

Fatal. 

Total. 

No. 

Per 
cent. 

No. 

Per 
cent. 

No. 

Per 
cent . 

No. 

Per 
cenl . 

No. 

Per 
cent. 

No. 

Per 

cent. 

No. 

Per 
cent. 

1909-10— Continued. 

Steam  boilers, piping, etc., 
explosions,  etc.: 
Isthmian  Canal  Corn- 

1 
15 

25.00 
83.33 

2 
2 

50.00 
11.11 

1 

25.  00 

4 
18 

100. 00 

All     other     depart- 
ments, services,  and 
establishments 

1 

5.56 

100. 00 

Total 

16 

72.73 

4 

18.18 

1 

4.55 

1 

4.55 

22 

100. 00 

Explosions  of  dynamite, 
powder,  etc.: 
Isthmian  Canal  Corn- 

25 
2 

49.02 
20.00 

13 
4 

25.49 
40.00 

2 

*    2 

3.92 
20.00 

3 

5.88 

4 
2 

7.84 
20.  00 

4 

7.84 

51 
10 

100.00 

All     other     depart- 
ments, services,  and 

100.00 

Total 

27 

44.26 

17 

27.87 

4 

6.56 

3 

4,92 

6 

9.84 

4 

6.56 

61 

100. 00 

Inflammable,  poisonous, 
hot,  corrosive  materials; 
gases,  vapors,  etc.: 
Isthmian  Canal  Corn- 

86 
100 

89.58 

67.57 
76.23 

9 
31 

9.38 
20.95 

1 

13 

1.04 

8.78 

96 
i  148 

100. 00 

All     other     depart- 
ments, services,  and 

3 

2.03 

1 

.68 

100.00 

Total 

186 

40 

16.39 

3 

1.23 

1 

.41 

14 

5.74 

1244 

100. 00 

Electric  current: 

Isthmian  Canal  Corn- 

13 
17 

61.90 

70.83 
66.67 

2 
3 

9.52 
12.50 

1 

4.76 

5 
3 

23.81 
12.50 

21 
24 

100. 00 

All     other     depart- 
ments, services,  and 

1 

4.17 

100.00 

Total 

30 

5 

11.11 

1 

2.22 

1 

2.22 

8 

17.78 

45 

100. 00 

Collapse,    falls,    etc.,   of 
materials,  etc.: 
Isthmian  Canal  Corn- 

425 
272 

79.44 
70.47 

78 
80 

14.58 
20.73 

8 
14 

1.50 
3.63 

10 
10 

1.87 
2.59 

7 
5 

1.31 

1.30 

7 
5 

1.31 
1.30 

535 
2  386 

100. 00 

All     other     depart- 
ments, services,  and 
establishments 

100.00 

Total 

697 

75.68 

158 

17.16 

22 

2.  39 

20 

2.17 

12 

1.30 

12 

1.30 

2  921 

100. 00 

Falls  from  ladders,  etc., 

or  into  excavations,  etc. : 

Isthmian  Canal  Corn- 

133 
224 

70.74 
60.05 

39 
83 

20.74 
22.25 

3 

26 

1.60 
6.97 

6 
14 

3.19 
3.75 

2 
5 

1.06 
1.34 

5 

21 

2.66 
5.63 

188 
3  373 

100. 00 

All     other     depart- 
ments, services,  and 
establishments. 

100. 00 

Total 

357 

63.64 

,  122 

21.75 

29 

5.17 

20 

3.57 

7 

1.25 

26 

4.63 

3  561 

100. 00 

1  Not  including  1  case,  duration  of  disability  not  reported. 

2  Not  including  3  cases,  duration  of  disability  not  reported. 
»  Not  including  4  cases,  duration  of  disability  not  reported. 


workmen's  compensation  under  act  OF  MAY  30,  1908.      65 

NUMBER  AND  PER  CENT  OF  ACCIDENTS  REPORTED,  BY  CAUSE  OF  INJURY  AND" 
CLASSIFIED  DURATION  OF  DISABILITY,  FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND 
1910-11— Continued. 


Disability  of— 

Cause  of  injury. 

4  weeks 

and 
under. 

Over  4 

but  not 
over  13 
weeks. 

Over  13 
but  not 
over  26 
weeks. 

Over  26 
weeks  but 
not  over 

1  year. 

Over 
1  year. 

Fatal. 

Total. 

No. 

Per 

cent. 

No. 

Per 

cent. 

No. 

Per 

cent. 

No. 

Per 

cent. 

No. 

Per 

cent. 

No. 

Per 

cent. 

No. 

Per 

cent. 

1909-10— Continued. 

Falls  on  even  surface: 
Isthmian  Canal  Com- 

144 
151 

86.23 
68.64 

22 
58 

13.17 
26.36 

1 

8 

0.60 
3.64 

167 
1220 

100.00 

All  other  departments, 
services,  and  estab- 

1 

0.45 

1 

0.45 

1 

0.45 

100.00 

Total 

295 

76.23 

80 

20.67 

9 

2.33 

1 

.26 

1 

.26 

1 

.26 

1387 

100. 00 

Loading,  unloading,  lift- 
ing, carrying,  etc.: 
Isthmian  Canal  Corn- 

388 

279 

71.85 
72.09 

135 
88 

25.00 
22.74 

9 

8 

1.67 
2.07 

6 
9 

1.11 
2.33 

1 
3 

.19 

.78 

1 

.19 

2  540 

1387 

100. 00 

All  other  departments, 
services,  and  estab- 

100. 00 

Total 

667 

71.95 

78.57 
65.93 

223 

2 
34 

24.06 

14.29 
25.19 

17 

1.83 

15 

1 
1 

1.62 

7.14 

.74 

4 

.43 

1 

.11 

3  927 

100. 00 

Vehicles    (run    over    by 
wagons,  carts,  etc.): 
Isthmian  Canal  Corn- 

11 
89 

14 
2  135 

100. 00 

All  other  departments, 
services,  and  estab- 

5 

3.70 

1 

.74 

5 

3.70 

100. 00 

Total 

100 

67.11 

36 

24.16 

5 

3.36 

2 

1.34 

1 

.67 

5 

3.36 

2  149 

100.00 

Railway   operation    (run 
over,  etc.): 
Isthmian  Canal  Corn- 

182 
248 

55. 15 
41.75 

70 
195 

21.21 
32.83 

14 
46 

4.24 
7.74 

6 

36 

1.82 
6.06 

20 
30 

6.06 
5.05 

38 
39 

11.52 
6.57 

2330 

«594 

100.00 

All  other  departments, 
services,  and  estab- 
lishments   

100. 00 

Total 

430 

46.54 

265 

28.68 

60 

6.49 

42 

4.55 

50 

5.41 

77 

8.33 

5  924 

100. 00 

Animals  (kicks, bites,  etc., 
and  riding): 
Isthmian  Canal  Corn- 

12 

66 

85.71 
59.46 

2 

23 

14.29 
20.72 

14 
«111 

100. 00 

All  other  departments, 
services,  and  estab- 

11 

9.91 

4 

3.60 

7 

6.31 

100. 00 

Total 

7S 

62.40 

25 

20.00 

11 

8.80 

4 

3.20 

7 

5.60 

<125 

100. 00 

Shipping  and  water  trans- 
portation: 
Isthmian  Canal  Corn- 

18 

17 

35 

56, 25 

27.87 
37.63 

4 

14 

18 

12.50 
22.95 

1 

3.13 

9 

29 

28.13 
47.54 

32 
•61 

100. 00 

All  other  departments, 
services,  and  estab- 

1 

1.64 

100.00 

Total 

19.35 

1 

1.08 

1 

1.08 

3S 

40.86 

6  93 

100.00 

iNot  including  4  cases,  duration  of  disability  not  reported. 
*Not  including  2  cases,  duration  of  disability  not  reported. 
•Not  including  6  cases,  duration  of  disability  not  reported. 
<Not  including  3  cases,  duration  of  disability  not  reported. 
6  Not  including  5  cases,  duration  of  disability  not  reported. 
6  Not  including  1  case,  duration  of  disability  not  reported. 


80557°— 13 


66 


REPORT    OF    THE    SECRETARY   OF    COMMERCE   AND   LABOR, 


NUMBER  AND  PER  CENT  OF  ACCIDENTS  REPORTED,  BY  CAUSE  OF  INJURY  AND 
CLASSIFIED  DURATION  OF  DISABILITY,  FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND 
1910-11— Continued. 


Disability  of— 

Cause  of  injury. 

4  weeks 

and 
under. 

Over  4 

but  not 
over  13 
weeks. 

Over  13 

but  not 
over  26 
weeks. 

Over  26 

weeks  but 

not  over 

1  year. 

Over 
1  year. 

Fatal. 

Total. 

No. 

Per 

cent. 

No. 

Per 

cent. 

No. 

Per 

cent. 

No. 

Per 

cent. 

No. 

Per 

cent. 

No. 

Per 

cent. 

No. 

Per 
cent. 

1909-10— Concluded. 

Flying   bodies,   splinters, 
etc.: 
Isthmian  Canal  Com- 
mission   

335 
232 

87.47 
82.86 

43 

37 
80 

11.23 
13.21 

3 

7 
10 

0.78 
2.50 

2 

3 

5 

0.52 

1.07 
.75 

383 
1280 

100  00 

All  other  departments, 
services,  and  estab- 

1 

1 

0.36 
.15 

100  00 

Total 

567 

85.52 

12.07 

1.51 

1663 

100  00 

Hand   tools   and   simple 
instruments: 
Isthmian  Canal  Corn- 

230 
152 

92.00 

80.85 

18 
31 

7.20 
16.49 

2 
3 

.80 
1.60 

2  250 

2  188 

100  00 

All  other  departments, 
services,  and  estab- 
lishments  

1 

.53 

1 

0.53 

100.  oc 

Total 

382 

92 
63 

87.21 

49 

11.19 

5 

1.14 

1 

.23 

1 

.23 

•438 

100  00 

Stepping    on    nails    and 
similar  sharp  bodies: 
Isthmian  Canal  Com- 
mission   

90.20 
91.70 

9 
4 

8.82 
5.80 

1 
2 

.98 
2.90 

102 
2  69 

100.  00 

All  other  departments, 
services,  and  estab- 
lishments   

100. 00 

Total 

155 

90.64 

13 

7.60 

3 

1.75 

2  171 

100.  00 

Other  causes: 

Isthmian  Canal  Corn- 

182 
145 

88.35 
71.08 

18 
42 

8.74 
20.59 

3 
5 

1.46 
2.45 

1 

1 

.49 
.49 

2 

8 

.97 
3.92 

206 
2  204 

100. 00 

All  other  departments, 
services,  and  estab- 

3 

1.47 

100. 00 

Total 

327 

79.76 

60 

14.63 

8 

1.95 

2 

.49 

3 

.73 

10 

2.44 

2  410 

100. 00 

Cause  not  reported: 

Isthmian  Canal  Com- 
mission   

7 
32 

100. 00 
80.00 

7 
2  40 

100. 00 

All  other  departments, 
services,  and  estab- 
lishments  

2 

5.00 

2 

5.00 

4 

10.00 

100. 00 

Total..* 

39   82.98 

2 

4.26 

2 

4.26 

4 

8.51 

2  47 

100. 00 

Total: 

Isthmian  Canal  Corn- 

2,482 
2,430 

76.89 
65.32 

523 
852 

16.20 
22.90 

57 
151 

1.77 
4.06 

40 

87 

1.24 
2.34 

41 
54 

1.27 
1.45 

85 

146 

2.63 
3.92 

3  3,228 
*  3,720 

100. 00 

All  other  departments, 
services,  and  estab- 
lishments  

100. 00 

Total 

4,912 

70.70 

1,375 

19.79 

208 

2.99 

127 

1.83 

95 

1.37 

231 

3.32 

&  6,948 

100. 00 

i  Not  including  2  cases,  duration  of  disability  not  reported. 
.  JNot  including  1  case,  duration  of  disability  not  reported. 
3  Not  including  5  cases,  duration  of  disability  not  reported. 
*  Not  including  34  cases,  duration  of  disability  not  reported. 
6  Not  including  39  cases,  duration  of  disability  not  reported. 


WORKMEN'S   COMPENSATION   UNDER   ACT   OF    MAY  30,    1908.       67 

NUMBER  AND  PER  CENT  OF  ACCIDENTS  REPORTED,  BY  CAUSE  OF  INJURY  AND 
CLASSIFIED  DURATION  OF  DISABILITY,  FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND 
1910-11— Continued. 


Disability  of— 

Cause  of  injury. 

4  weeks 

and 
under. 

Over  4 

but  not 
over  13 
weeks. 

Over  13 

but  not 
over  26 
weeks. 

Over  26 

weeks  but 

not  over 

1  year. 

Over 
1  year. 

Fatal. 

Total. 

No. 

Per 
cent. 

No. 

Per 
cent. 

No. 

Per 

cent. 

No. 

Per 

cent. 

No. 

Per 
cent. 

No. 

Per 
cent. 

No. 

Per 
cent. 

1910-11. 

Motors: 

Isthmian  Canal  Corn- 

4 

11 
15 

57.14 

64.71 
62.50 

2 
3 

28.57 
17.65 

1 

14.29 

7 
17 

100  00 

All  other  departments, 
services,  and  estab- 

2 

11.76 

1 

5.88 

100  00 

Total 

5 

20.83 

2 

8.33 

1    4.17 

1 

4.17 

24 

100. 00 

Power-transmission  appa- 
ratus: 
Isthmian  Canal  Corn- 

40 

26 
66 

76.92 

61.90 
70.21 

9 

12 
21 

17.31 
28.57 

1 

3 

4 

1.92 

7.14 
4.26 

1 

1.92 

1 

1.92 

52 

i  42 

100.00 

All  other  departments, 
services,  and  estab- 
lishments  

1 
1 

2.38 
1.06 

100. 00 

1.06 

Total 

22. 34 

1    1.06 

1 

>  94 

100. 00 

Working  machinery, using 
power: 
Isthmian  Canal  Com- 

159 

178 

85.03 
68.46 

21 

69 

11.23 
26.54 

1 

7 

.53 
2.69 

4 
3 

2.14 
1.15 

2 
2 

1.07 
.77 

1 

.38 

2  187 
260 

100  00 

AU other  departments, 
services,  and  estab- 

100. 00 

Total 

337 

11 

68 

79 

75.39 

90 

20.13 

8 

1.79 

7    1.57 

4 

.89 

1 

.22 

M47 

100.  00 

Working  machinery,  not 
using  power: 
Isthmian  Canal  Com- 

64.71 
80.00 

6 

16 
22 

35.29 
18.82 

117 
85 

100.00 

All  other  departments, 
services,  and  estab- 

1 

1.18 
.98 

100. 00 

— 



Total 

77.45 

21.57 

8.05 
21 .  65 

1 

i  102 

3  261 
97 

100. 00 

2 

2 
4 

5 

5 
10 

Elevators,  hoists,  cranes, 
etc.: 
Isthmian  Canal  Com- 

228 

56 
284 

87.36 
57.  73 

21 
21 

2 

6 

8 

.77 

6.19 
2.23 

3 

7 

1.15 

7.22 
2.79 

.77 
2.06 

1.92 

5.15 
2.79 

100.00 

Allother  departments, 
services,  and  estab- 

100. 00 

4211.73 

Total 

79.33 

10 

1.12 

3  358 

100. 00 

Steam  boilers,  piping,  etc. , 
explosions,  etc.: 
Isthmian  Canal  Corn- 

49 
49 

92.45 
71.01 

2 
14 

3.77 
20.24 

1 
1 

1.89 
1.45 

1 
2 

1.89 
2.90 

53 
69 

100.00 

All  other  departments, 
services,  and  estab- 

2 

2.90 

1 

1.45 

100.00 

Total 

98 

80.32 

16113-11 

2 

1.64 

2 

1.64 

1 

.82 

3 

2.46 

122 

100.00 



1  Not  including  1  case,  duration  of  disability  not  reported. 

*  Not  including  6  cases,  duration  of  disability  not  reported. 

•  Not  including  5  cases,  duration  of  disability  not  reported. 


68 


REPORT    OF    THE    SECRETARY   OF   COMMERCE   AND   LABOR. 


NUMBER  AND  PER  CENT  OF  ACCIDENTS  REPORTED,  BY  CAUSE  OF  INJURY  AND 
CLASSIFIED  DURATION  OF  DISABILITY,  FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND 
1910-11— Continued. 


Disability  of— 

Cause  of  injury. 

4  weeks 

and 
under. 

Over  4 

but  not 
over  13 
weeks. 

Over  13 

but  not 
over  26 
weeks. 

Over  26 

weeks  but 

not  over 

1  year. 

Over 
1  year. 

Fatal. 

Total. 

No. 

Per 

op.nf. 

No. 

Per 

cent. 

No. 

Per 

cent. 

No. 

Per 

cent. 

No. 

Per 

cent. 

No. 

Per 

cent. 

No. 

Per 

cent. 

1910-11— Continued. 

Explosions  of  dynamite, 
powder,  etc.: 
Isthmian  Canal  Com- 

14 
9 

43.75 

23.08 

4 

8 

12.50 
20.51 

1 
1 

3.13 
2.56 

4 
3 

12.50 
7.69 

9 

15 

28.13 
38.46 

132 
39 

100. 00 

All  other  departments, 
services,  and  estab- 

3 

7.69 

100. 00 

Total 

23 

32.39 

12 

16.90 

2 

2.82 

3 

4.23 

7 

9.86 

24 

33.81 

i  71 

100. 00 

Inflammable,    poisonous, 
hot  corrosive  materials, 
gases,  vapors,  etc.: 
Isthmian  Canal  Corn- 

129 
98 

90.85 

87.50 

12 
13 

8.45 
11.61 

1 
1 

.70 
.89 

M42 
112 

100. 00 

All  other  departments, 
services,  and  estab- 

100. 00 

Total 

227 

89.37 

25 

9.84 

2 

.79 

2  254 

100. 00 

Electric  current: 

Isthmian  Canal  Corn- 

15 
19 

60. 00 
79.17 

2 
1 

8.00 
4.17 

2 
1 

8.00 
4.17 

6 
2 

24.00 
8.33 

25 
24 

100. 00 

All  other  departments, 
services,  and  estab- 

1 

4.17 

100. 00 

Total. . 

34 

39.39 

3 

6.12 

1 

2.04 

3 

6.12 

8 

16.33 

49 

100.  00 

Collapse,  fall,  etc. ,  of  mate- 
rial, etc.: 
Isthmian  Canal  Corn- 

613 
423 

^4.90 
71.69 

70 
126 

9.70 
21.36 

5 
15 

.69 
2.54 

9 

8 

1.25 
1.36 

10 

7 

1.39 
1.19 

15 
11 

2.08 
1.86 

3  722 
2  590 

100. 00 

All  other  departments, 
services,  and  estab- 

100.  00 

Total 

1,036 

7  s?.  96 

196 

14.94 

20 

1.52 

17 

1.30 

17 

1.30 

26 

1.98 

*  1,312 

100. 00 

Falls  from  ladders,  etc.,  or 
into  excavations,  etc.: 
Isthmian  Canal  Com- 
mission  „. 

All  other  departments, 
services,  and  estab- 

243 
257 

77.39 
62.  6S 

46 

94 

14.65 
22.93 

7 
25 

2.23 
6.10 

5 

15 

1.59 
3.66 

3 

4 

.96 
.98 

10 
15 

3.18 

3.66 

*314 
M10 

100. 00 
100.  00 

Total 

500 

69.  0<i 

140 

19.34 

32 

4.42 

20 

2.76 

7 

.97 

25 

3.45 

'724 

100.  00 

Falls  on  even  surface: 
Isthmian  Canal  Com- 

109 
102 

87.20 

60.  00 

13 
51 

10.40 
30.00 

2 
4 

1.60 
2.35 

1 

4 

.80 
2.35 

8  125 

6  170 

100. 00 

All  other  departments, 
services,  and  estab- 

8 

4.71 

1 

.59 

100.00 

Total 

211 

71.53 

64 

21.69 

8 

2.71 

6 

2.03 

5 

1.69 

1 

.34 

»295 

100. 00 

1  Not  including  3  cases,  duration  of  disability  not  reported. 

2  Not  including  2  cases,  duration  of  disability  not  reported. 
8  Not  including  16  cases,  duration  of  disability  not  reported. 

*  Not  including  18  cases,  duration  of  disability  not  reported. 

5  Not  including  11  cases,  duration  of  disability  not  reported. 

6  Not  including  1  case,  duration  of  disability  not  reported. 

7  Not  including  12  cases,  duration  of  disability  not  reported. 

*  Not  including  7  cases,  duration  of  disability  not  reported. 

8  Not  including  8  cases,  duration  of  disability  not  reported. 


workmen's  compensation  under  ACT  OF  MAY  30,  1908.      69 

NUMBER  AND  PER  CENT  OF  ACCIDENTS  REPORTED,  BY  CAUSE  OF  INJURY  AND 
CLASSIFIED  DURATION  OF  DISABILITY,  FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND 
1910-1 1— Continued. 


Disability  of— 

Cause  of  injury. 

4  weeks 

and 

under. 

Over  4 

but  not 
over  13 
weeks. 

Over  13 

but  not 
over  26 
weeks. 

Over  26 
weeks  but 
not  over 

1  year. 

Over 
1  year. 

Fatal. 

Total. 

No. 

Per 
cent. 

No. 

Per 
cent. 

No. 

Per 

cent. 

No. 

Per 
cent. 

No. 

Per 
cent. 

No. 

Per 
cent. 

No. 

Per 
cent. 

1910-11— Continued. 

Loading,  unloading,  lift- 
ing, carrying,  etc.: 
Isthmian  Canal  Corn- 

995 
298 

84.90 
74.31 

158 

80 

13.48 
19.95 

12 
14 

1.02 
3.49 

4 
4 

0.34 
1.00 

3 

4 

0.26 
1.00 

1  1,172 

401 

100.00 

All  other  departments, 
services,  and  estab- 

1 

0.25 

100. 00 

Total 

1,293 

82.20 

238 

15.13 

26 

1.65 

8 

.51 

7 

.45 

1 

.06 

»  1,573 

100.00 

Vehicles    (run    over    by 
wagons,  carts,  etc.): 
Isthmian  Canal  Corn- 

54 

78 

96.43 
67.83 

1 

2 

1.79 
1.74 

1 
2 

1.79 
1.74 

8  56 
"115 

100. 00 

All  other  departments, 
services,  and  estab- 

25 

21.74 

6 

5.22 

2 

1.74 

100.00 

Total 

132 

77.19 

25 

14.62 

6 

3.51 

3 

1.75 

3 

1.75 

2 

1.17 

8  171 

100.  00 

Railway    operation    (run 
over,  etc.): 
Isthmian  Canal  Com- 

317 
209 

67.74 
46.55 

59 

155 

12.61 
34.52 

17 

30 

3.63 
6.68 

12 
28 

2.56 
6.24 

21 
15 

3.34 

42 
12 

8.97 
2.67 

«468 
449 

100. 00 

All  other  departments, 
services,  and  estab- 

100. 00 

Total 

526 

57.36 

214 

23.34 

47 

5.13 

41) 

4.36 

36 

3.93 

54 

5.89 

«917 

100.  00 

Animals     (kicks,     bites, 
etc.,  and  riding): 
Isthmian  Canal  Corn- 

8 
45 

88.89 
63.38 

1 

11.11 

9 

71 

100.  00 

All  other  departments, 
services,  and  estab- 

14 

19.72 

2 

2.82 

5 

7.04 

5 

7.04 

100.  00 

Total 

53 

66.25 

14 

17.50 

2 

2.50 

1 

1.25 

5 

6.25 

5 

6.25 

80 

100. 00 

Shipping  and  water  trans- 
portation: 
Isthmian  Canal  Corn- 

43 
33 

74.14 

50.00 

5 
12 

8.62 

18.18 

1 
3 

1.72 
4.55 

1 

1 

1.72 
1.52 

8 
14 

13.79 
21.21 

58 
66 

100.00 

All  other  departments, 
services,  and  estab- 

3 

4.55 

100.00 

Total 

76 

61.29 

17 

13.71 

4 

3.23 

3 

2.42 

2 

1.61 

22 

17.74 

124 

100.  00 

Flying   bodies,  splinters, 
etc.: 
Isthmian  Canal  Corn- 

602 
264 

92.19 

84.89 

38 
34 

5.82 
10.93 

6 
4 

.92 
1.29 

4 
4 

.61 
1.29 

1 

4 

.15 
1.29 

2 
1 

.31 
.32 

5  653 

3  311 

100.00 

All  other  departments, 
services,  and  estab- 

100.00 

Total 

866 

89.83 

72 

7.47 

10 

1.04 

8 

.83 

5 

.52 

3 

.31 

6  964 

100.00 

» Not  including  21  cases,  duration  of  disability  not  reported. 

*  Not  including  1  case,  duration  of  disability  not  reported. 

»  Not  including  2  cases,  duration  of  disability  not  reported. 

*  Not  including  20  cases,  duration  of  disability  not  reported. 

*  Not  including  14  cases,  duration  of  disability  not  reported. 
'Not  including  16  cases  duration  of  disability  not  reported. 


70 


REPORT    OF    THE   SECRETARY   OF   COMMERCE   AND   LABOR. 


NUMBER  AND  PER  CENT  OF  ACCIDENTS  REPORTED,  BY  CAUSE  OF  INJURY  AND 
Ci  ASSIFIED  DURATION  OF  DISABILITY,  FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND 
1    0-11— Concluded. 


Disability  of— 

Cause  of  injury. 

4  weeks 

and 
under. 

Over  4 

but  not 
over  13 
weeks. 

Over  13 

but  not 
over  26 
weeks. 

Over  26 

weeks  but 

not  over 

1  year. 

Over 
1  year. 

Fatal. 

Total. 

No. 

Per 
cent. 

No. 

Per 

cent. 

Xo. 

Per 
cent. 

No. 

Per 

cent. 

No. 

Per 

cent. 

No. 

Per 
cent. 

No. 

Per 
cent. 

1910-11— Concluded. 

Hand  tools  and  simple  in- 
struments: 
Isthmian  Canal  Com- 

426 

148 

93.22 

72.55 

28 
54 

6.13 
26.47 

2 

0.44 

1 
1 

0.22 
.49 

i  457 
2  204 

100. 00 

All  other  departments, 
services,  and  estab- 

1 

0.49 

100. 00 

Total . . 

574 

213 
50 

86.84 

82 

12.41 

2 

.30 

1 

.15 

2 

.30 

3  661 

100. 00 

Stepping    on    nails    and 
similar  sharp  bodies: 
Isthmian  Canal  Corn- 

96.38 

90.91 

8 
4 

3.62 
7.27 

*221 
55 

100. 00 

All  other  departments, 
services,  and  estab- 

1 

1.82 

100. 00 

Total 

263 

95.29 

12 

4.35 

1 

.36 

*276 

100.00 

Other  causes: 

Isthmian  Canal  Com- 

173 
97 

91.53 
62.99 

10 
34 

5.29 

22.08 

1 

7 

.53 
4.55 

1 
3 

0.53 
1.95 

4 
10 

2.12 
6.49 

&189 
6  154 

100. 00 

All  other  departments, 
services,  and  estab- 

3 

1.95 

100. 00 

Total 

270 

7 
22 

78.72 

44 

3 

7 

12.83 

27.27 
22.58 

8 

2.33 

3 

.87 

4 

1.17 

14 

1 
1 

4.08 

9.09 
3.23 

7  343 

100. 00 

Cause  not  reported: 

Isthmian  Canal  Corn- 

63.64 
70.97 

11 

31 

100. 00 

All  other  departments, 
services,  and  estab- 

1 

3.23 

100.  00 

Total 

29 

69.05 

10 

23.81 

1 

2.38 

2 

4.76 

42 

100. 00 

Total: 

Isthmian  Canal  Corn- 

4,452 
2,540 

85. 11 

67.34 
77.66 

517 

847 

9.88 
22.45 

57 

139 

1.09 

49 

88 

.94 
2.33 

51 
57 

.97 
1.51 

105 
101 

2.01 
2.68 

»  5,231 
9  3,772 

100.00 

All  other  departments, 
services,  and  estab- 

100.  00 

Total 

6,992 

1,364 

15.15 

196 

2.18     137 

1.52 

10S 

1.20 

206 

2.29 

^9,003 

100.  00 

1  Not  including  8  case?,  duration  of  disability  not  reported. 

2  Not  including  1  case,  duration  of  disability  not  reported. 
»  Not  including  9  cases,  duration  of  disability  not  reported. 
*  Not  including  4  cases,  duration  of  disability  not  reported. 
6  Not  including  3  cases,  duration  of  disability  not  reported. 

6  Not  including  2  cases,  duration  of  disability  not  reported. 

7  Not  including  5  cases,  duration  of  disability  not  reported. 

8  Not  including  145  cases,  duration  of  disability  not  reported. 
•Not  including  11  cases,  duration  of  disability  not  reported. 
M  Not  including  156  cases,  duration  of  disability  not  reported. 


workmen's  compensation  under  ACT  OF  MAY  30,  1908.      71 

Under  each  cause  the  separation  of  the  Isthmian  Canal  Commission 
and  all  other  branches  of  service  has  been  preserved,  and  the  observa- 
tion made  above,  that  the  accidents  of  shorter  duration  predominate 
in  the  Isthmian  Canal  Commission  as  compared  with  other  branches 
of  service,  evidently  holds  true  of  each  individual  cause,  so  that  it 
can  not  be  explained  by  differences  in  causation.  The  reasons  for 
this  difference  have  been  given  above — better  medical  treatment  in 
Government  hospitals,  better  reporting  of  minor  accidents,  compen- 
sation for  disability  lasting  15  days  and  less,  and  also  better  medical 
supervision,  which  prevents  undue  extension  of  the  disability  period. 

For  each  year  the  largest  proportion  of  disability  lasting  not  over 
four  weeks  (96.43,  90.64,  and  95.29  per  cent,  respectively)  is  found  in 
accidents  due  to  stepping  on  nails  and  similar  objects.  Other  causes 
belonging  to  the  same  group  as  to  duration  are:  Steam  boilers,  pipings, 
etc.,  hand  tools;  inflammable  and  poisonous  materials,  etc.;  collapse 
and  fall  of  materials;  working  machinery  without  mechanical  power, 
etc.  The  lower  percentages  of  slight  accidents  are  mainly  found  due 
to  railroad  operations,  explosions,  motors,  elevators,  and  shipping. 

In  the  11  months  in  1908-9,  railway  operations,  explosions,  and 
water-transportation  accidents  were  responsible  for  58.37  per  cent  of 
all  fatal  accidents,  and  collapse  of  materials  and  falls  from  ladders  for 
19.31  per  cent  more,  making  77.67  per  cent  for  these  five  causes.  In 
1909-10,  these  same  groups  of  causes  were  responsible  for  51.52  and 
16.45  per  cent,  respectively,  or  67.97  per  cent  of  all  fatal  accidents; 
and  in  1910-11,  for  48.54  per  cent  and  24.76  per  cent,  respectively, 
or  73.30  per  cent  for  these  five  causes  combined.  Few  fatal  accidents 
were  due  to  machinery,  boilers,  motors,  power-transmission  appara- 
tus, and  similar  causes.  On  the  Isthmian  Canal,  railway  operations 
and  explosions  were  two  main  causes  of  fatal  accidents  in  1908-9, 
71.43,  or  34.46  and  36.97  per  cent,  respectively,  of  all  accidents  being 
due  to  these  causes,  while  in  the  other  branches  of  service,  embracing 
as  they  do  a  larger  variety  of  employments,  the  causes  of  fatalities 
were  a  little  more  diversified,  water  transportation  being  the  most 
frequent  cause,  followed  by  falls  from  ladders,  collapse  of  materials, 
and  railway  operations.  In  1909-10,  railway  operations  were  respon- 
sible for  77,  or  one-third  of  all  fatal  accidents,  shipping  and  water 
transportation  for  38  or  nearly  one-sixth,  the  two  causes  being  respon- 
sible for  115,  or  49.78  per  cent  of  all  fatal  cases,  while  falls  from 
ladders,  etc.,  and  collapse,  falls,  etc.,  were  responsible  for  38  cases,  or 
16.45  per  cent  of  all  fatal  cases.  In  1910-11,  railway  operations 
caused  42  deaths,  or  40  per  cent  of  the  total;  collapse  and  fall  of 
materials,  15  or  14.29  per  cent;  falls  from  ladders,  etc.,  10  or  9.52  per 
cent;  and  explosives,  9  or  8.57  per  cent. 


72 


KEPORT   OF    THE   SECRETARY   OF   COMMERCE   AND   LAROR. 


DURATION  OF  DISABILITY  AND  AMOUNT   OF  COMPENSATION. 

The  number  and  total  and  average  cost  of  nonfatal  compensated 
cases,  by  classified  periods  of  disability,  and  also  the  total  and 
average  payments  for  fatal  cases,  are  given  in  detail  in  General 
Table  VII.  The  following  table  shows  in  summary  form  what  per 
cent  of  the  aggregate  cost  of  compensated  cases  was  represented  by 
injuries  of  each  classified  duration.  The  average  cost  per  case 
according  to  classified  duration  is  also  shown. 

PER  CENT  OF  TOTAL  COST  OF  COMPENSATION  PAID  FOR  EACH  CLASSIFIED  DURA- 
TION OF  DISABILITY  AND  AVERAGE  COST  OF  EACH  COMPENSATED  CASE,  BY 
DURATION  OF  DISABILITY,  FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND  1910-11. 


Duration  of  disability. 

Per  cent  of  total  cost  of  com- 
pensation   paid    for    each 
classified  duration  of  disa- 
bility. 

Average  cost  of  compensation 
per  compensated  case. 

1908-9  i 

1909-10 

1910-11 

1908-9 1 

1909-10 

1910-11 

7.29 
7.15 
6.24 
5. 28 
3.81 
2.79 
2.77 
1.86 
1.68 
1.47 
1.76 
4.15 
3.50 
3.72 
11.80 
6.23 
9.94 

6.66 
7.97 
6.41 
4.56 
3.03 
3.28 
2.68 
1.77 
1.37 
1.33 
.89 
3.38 
1.92 
3.57 
20.13 
3.90 
8.88 

7.44 
8.39 
7.30 
4.79 
3.66 
2.57 
2.21 
1.79 
1.55 
.76 
1.31 
3.19 
2.98 
3.23 
19.25 
5.92 
7.52 

$40. 06 
51.52 
69.20 
89.13 
97.35 
121.10 
134.  52 
136. 60 
157. 01 
222. 69 
238. 18 
224. 25 
340. 27 
393. 43 
716. 39 
721.23 
635. 42 

$35.82 
47.56 
66.17 
71.39 
87.73 
110.27 
121.96 
121.70 
124. 41 
153.83 
143.20 
174.99 
222. 17 
353. 58 
825. 64 
819.46 
635.  79 

$35.86 

49.71 

Over  28  but  not  over  35  days 

70.84 

82.49 

98.02 

108. 45 

116. 54 

136. 21 

154.64 

144.98 

Over  84  but  not  over  91  days 

177.88 

Over  91  but  not  over  119  days 

212.85 

Over  119  but  not  over  147  days 

276.86 

350.81 

Over  182  but  not  over  365  days 

732. 26 

Over  365  days  but  not  permanent 

662.  40 

608.33 

81.44 
18.56 

81.74 
18.26 

83.86 
16.14 

121.53 
704. 48 

113.19 
633!  15 

113.99 

Total  fatal  cases 

595. 93 

100.00 

100.00 

100. 00 



1  Eleven  months. 


While  the  average  amount  of  compensation  in  the  11  months  in 
1908-9  per  nonfatal  case  was  $121.53,  it  was,  of  course,  very  much 
smaller  for  the  majority  of  cases  with  a  short  duration.  Thus  it  was 
only  $40.06  per  case  lasting  15  to  21  days;  $51.52  per  case  lasting  21  to 
28  days,  etc.  Nevertheless,  as  a  result  of  the  payment  of  full  wages 
as  compensation  in  the  case  of  minor  accidents,  and  the  discontinu- 
ance of  compensation  after  the  period  of  one  year,  the  proportion  of 
the  total  cost  of  the  compensation  system  carried  by  the  minor  acci- 
dents is  very  high  as  compared  with  other  systems  of  compensation. 
Roughly,  the  total  cost  was  divided  as  follows:  Fatal  cases,  less  than 
one-fifth  (18.56  per  cent);  injuries  lasting  over  6  months,  over  one- 
fourth  (27.97  per  cent);  injuries  lasting  over  3  but  not  over  6  months, 
one-ninth  (11.37  per  cent);  and  those  lasting  not  over  3  months  (91 
days),  considerably  over  two-fifths  (42.10  per  cent).  Considering 
the  number  of  compensated  cases,  those  recovering  within  a  week 
after  payments  accrued  formed  the  largest  single  group  in  all  years. 


WORKMEN'S   COMPENSATION   UNDER   ACT    OF    MAY  30,   1908.       73 

Id  1909-10  the  average  compensation  per  nonfatal  case  was 
$113.19,  ranging  from  $35.82  for  a  period  of  disability  of  15  to  21 
days  to  $825.64  for  a  period  of  disability  lasting  182  to  365  days. 
Nearly  one-fourth  (24.63  per  cent)  of  the  total  amount  of  compen- 
sation paid  in  nonfatal  cases  was  paid  to  the  later  class  of  claimants, 
while  for  the  first  three  classes,  15  to  35  days,  25.75  per  cent  of  the 
total  was  paid  to  1,515  claimants.  Fatal  cases  cost  18.23  per  cent 
of  the  total  for  the  year. 

The  average  cost  per  nonfatal  case  in  1910-11  varied  little  from 
that  for  the  previous  year,  being  $113.99;  so  also  for  cases  lasting 
from  15  to  21  days,  for  which  an  average  of  $35.86  was  paid.  The 
average  for  cases  lasting  from  182  to  365  days  was  $732.26.  The 
total  cost  of  compensation  for  the  year  was  distributed  as  follows: 
For  fatal  cases,  16.14  per  cent;  nonfatal  cases  lasting  over  6  months, 
32.69  per  cent;  lasting  3  months  but  not  over  6  months,  9.4  per  cent; 
and  lasting  not  over  3  months,  41.77  per  cent. 

NATURE  OF  INJURY. 

General  Table  VIII  (pp.  150-155)  of  this  report  shows  the  number 
and  percentage  of  accidents  by  nature  of  injury.  Compensated  and 
noncompensated  cases  are  first  shown  separately,  the  Isthmian  Canal 
Commission  and  all  other  branches  of  service  being  distinguished, 
a  third  section  showing  totals. 

In  many  cases  the  injuries  were  complicated  and  somewhat  diffi- 
cult to  classify.  Injuries  to  the  lower  extremities  were  most  fre- 
quent (32  per  cent  in  the  11  months  in  1908-9,  32.05  per  cent  in 
1909-10,  and  33.13  per  cent  in  1910-11)  followed  by  those  to  the 
upper  extremities  (27.3  per  cent  in  1908-9,  29.31  per  cent  in  1909-10, 
and  29.62  per  cent  in  1910-11).  Injuries  to  the  feet  are  most  numer- 
ous, injuries  to  the  fingers  ranking  next. 

While  it  is  impossible  to  determine  from  this  table  the  actual 
results  of  many  of  the  injuries,  it  is  obvious  that  where  there  is  maim- 
ing there  is  a  more  or  less  serious  permanent  disability.  Thus  in  the 
11  months  in  1908-9  there  were  reported  2  cases  of  loss  of  arm,  2  of 
loss  of  hand,  97  of  loss  of  one  or  more  fingers  or  parts  thereof,  18  cases 
of  loss  of  one  or  both  legs,  9  cases  of  loss  of  foot,  4  cases  of  loss  of  toes, 
and  11  cases  of  loss  of  an  eye,  altogether  143  cases  of  loss  of  part  of 
body;  5  of  these  resulted  fatally.  Of  the  whole  number,  81  occurred 
on  the  Isthmian  Canal  and  62  in  the  remaining  branches  of  service. 

The  table  giving  noncompensated  cases  shows  that  a  number  of 
serious  injuries  remained  without  compensation,  at  least  as  far  as 
the  action  of  this  law  is  concerned,  though  a  few  may  have  been 
covered  by  the  Railway  Mail  or  Life-Saving  Service  provisions. 
Thus  there  were  37  such  cases  of  loss  of  part  of  body,  1  loss  of  arm, 
1  loss  of  right  hand,  26  cases  of  loss  of  fingers,  1  case  of  loss  of  one 
leg,  4  cases  of  loss  of  both  legs,  1  loss  of  foot,  1  loss  of  toes,  and  2 


74  REPORT   OF   THE   SECRETARY   OP   COMMERCE  AND   LABOR. 

cases  of  loss  of  eye.  In  addition  there  were  36  fractures  of  the  upper 
extremities,  besides  82  fractures  of  fingers,  40  fractures  of  thigh  or 
leg,  and  49  fractures  of  foot,  45  fractures  of  ribs,  21  fractures  of  skull, 
and  7  fractures  of  other  bones  of  the  head,  making  a  total  of  280 
fractures  of  bones  that  were  not  compensated  under  this  act. 

For  1909-10,  the  table  shows  8  cases  of  loss  of  arm,  5  of  loss  of  hand, 
134  of  loss  of  one  or  more  fingers,  23  of  loss  of  one  or  both  legs,  3  of 
loss  of  foot,  17  of  loss  of  toes,  and  12  of  loss  of  one  or  both  eyes,  a 
total  of  202  cases  involving  a  loss  of  some  part  of  the  body,  5  of  which 
resulted  fatally.  Of  this  total,  117  occurred  on  the  Isthmus,  and 
85  in  other  branches  of  service.  The  number  of  serious  injuries 
remaining  noncompensated  includes  21  cases  of  loss  of  fingers,  2  of 
loss  of  one  leg,  4  of  both  legs,  and  2  cases  of  loss  of  eye.  In  addition 
there  were  36  fractures  of  the  upper  extremities,  besides  20  fractures 
of  the  fingers,  34  fractures  of  thighs  or  legs,  27  fractures  of  the  foot, 
63  fractures  of  ribs,  and  17  fractures  of  bones  of  the  head,  making  a 
total  of  197  noncompensated  fractures. 

The  showing  for  1910-11  was  much  the  same.  Thus  there  were 
8  cases  of  loss  of  arm,  4  of  loss  of  hand,  113  of  loss  of  finger  or  fingers, 
31  of  loss  of  one  or  both  legs,  7  of  loss  of  foot,  21  of  loss  of  one  or 
more  toes,  and  16  of  loss  of  eye— a  total  of  200  cases  involving  a  loss 
of  some  part  of  the  body,  6  of  which  were  fatal.  Of  these,  130  were 
on  the  Isthmus  and  70  elsewhere.  Among  the  noncompensated 
cases  were  3  cases  of  loss  of  arm,  22  of  one  or  more  fingers,  4  of  one 
leg  and  3  of  both  legs,  3  of  loss  of  foot,  8  of  loss  of  toe  or  toes,  and  2 
of  loss  of  eye,  or  45  cases  of  loss  of  some  part  of  the  body  without 
compensation.  Besides  these  there  were  43  fractures  of  the  upper 
extremities,  besides  29  fractures  of  fingers,  31  fractures  of  the  thigh 
or  leg,  19  fractures  of  foot,  47  of  fractures  of  ribs,  19  fractures  of 
skull,  and  1  of  other  bones  of  the  head,  making  a  total  of  189  cases 
of  fracture  for  which  nothing  was  received  under  this  act. 

NATURE  OF  INJURY  AND  DURATION  OF  DISABILITY. 

The  effect  of  the  nature  of  injury  upon  the  duration  of  disability 
may  be  studied  in  detail  in  General  Table  IX.  The  data  are  given 
separately  for  cases  under  the  Isthmian  Canal  Commission,  for  all 
other  cases,  for  compensated  and  noncompensated  cases  separately, 
and  for  all  accidents. 

In  accordance  with  the  provisions  of  the  law,  which  contains  no 
reference  to  permanent  disability,  the  duration  of  disability  is  as- 
sumed to  be  at  an  end  when  the  injured  person  returns  to  his  previous 
occupation  or  accepts  work  at  a  similar  salary  if  not  of  like  nature. 
It  has  already  been  noted  (p.  55)  that  under  this  system  only  a  part 
of  the  injuries  leaving  permanent,  incurable  effects  and  materially 
reducing  the  earning  capacity  of  the  employee  are  registered  as 
permanent  injuries.     On  the  face  of  things,  the  loss  of  both  legs, 


WOBKMEN's   COMPENSATION   UNDER  ACT   OF   MAY  30,   1908.       75 


for  instance,  would  for  most  if  not  all  the  persons  coming  under 
this  act  amount  to  permanent  total  disability.  The  reports  show, 
however,  that  in  2  cases  of  this  nature  in  1910-11,  such  a  classifica- 
tion was  not  made,  and  it  can  only  be  surmised  that  either  the  injured 
workman  was  given  employment  of  some  sort  or  that  the  report 
was  furnished  under  a  misapprehension. 

While  it  is  true  that  the  law  contemplates  no  following  up  of  cases 
after  the  expiration  of  one  year  from  the  beginning  of  disability,  an 
effort  has  been  made  to  secure  either  a  statement  of  fact  as  to  recovery, 
or  an  estimate  as  to  the  probable  permanency  of  disability.  The 
following  table  presents  the  cases  of  accident  in  which  there  was  loss  of 
a  limb  or  other  part  of  the  body,  showing  the  number  of  cases  re- 
ported as  permanent,  compensated  and  noncompensated  cases  being 
shown  separately: 

NUMBER  OF  CASES  OF  LOSS  OF  LIMB  OR  OTHER  PART  OF  BODY  OCCURRING  AND 
NUMBER  REPORTED  AS  CAUSING  PERMANENT  DISABILITY,  FOR  THE  FISCAL 
YEARS  1908-9,  1909-10.  AND  1910-11. 


Nature  of  injury. 

Compensated. 

Noncompen- 
sated. 

Total. 

Isthmian  Canal 
Commission. 

All  other  de- 
partments, 
services,  and 
establishments. 

Cases 
occur- 
ring. 

Re- 
ported 
perma- 
nent. 

Cases 
occur- 
ring. 

Re- 
ported 
perma- 
nent. 

Cases 
occur- 
ring. 

Re- 
ported 
perma- 
nent. 

Cases 
occur- 
ring. 

Re- 
ported 
perma- 
nent. 

Cases 
occur- 
ring. 

Re- 
ported 
perma- 
nent. 

1908-9.1 

1 
1 

71 
11 
2 
8 
3 
9 

1 
...... 

8 
2 
3 

1 
1 
26 
1 

M 
1 
1 
2 

i* 

...... 

2 
2 

97 
12 

36 

9 
4 
11 

1 

2 

1 

2 
44 
5 
21 
2 
1 
7 

Loss  of  fingers 

Loss  of  one  leg 

Loss  of  both  legs 

1 
9 
2 
3 
...... 

53 

7 
<5 
7 
3 
4 

1 
5 
2 
2 

..... 

1 

Total 

106 

15 

3  37 

2 

»143 

17 

«81 

11 

6  62 

6 

1909-10. 

8 
5 
113 
14 
&3 
3 
14 
10 

6 
2 
3 
12 
2 
1 
1 
2 

8 
5 
134 
*16 
37 
3 
17 
12 

6 
2 
3 

13 
3 

1 
1 
2 

5 
2 
67 

5  15 
65 

3 
13 

7 

3 

1 
3 

12 
3 
1 

2 

3 

3 
67 
1 

22 

3 

Loss  of  fingers 

Loss  of  one  leg 

Loss  of  both  legs 

2i 

52 

«4 

...... 

1 

..... 

3 
2 

4 
5 

1 

Total 

6  170 

29 

»32 

2 

*  202 

31 

*  117 

25 

685 

6 

1910-11. 

5 
4 

91 

6  19 
65 

4 
13 
14 

3 

1 
2 
14 
2 

3' 

*3 

68 

4 
113 
6  23 

88 

7 
21 
16 

3 
1 
2 
17 
2 
1 

3' 

66 

2 
64 

5  19 

88 

6 
15 
10 

2 

2" 

13 
2 
1 

r 

2 
2 

49 
4 

Loss  of  hand 

1 

Loss  of  fingers 

Loss  of  one  leg 

Loss  of  both  legs 

Loss  of  foot 

22 
4 

«3 
3 
8 
2 

""3 
i' 

..... 

1 
6 
6 

Loss  of  toes 

2 

Total 

<55 

25 

445 

4 

8  200 

29 

8  130 

21 

70 

8 

1  Eleven  months, 
a  Fatal. 

« Including  4  fatal. 
« Including  3  fatal. 


*  Including  1  fatal. 

•  Including  2  fatal. 
» Including  5  fatal. 
s  Including  6  fatal. 


76  REPORT   OF   THE   SECRE_ ..JSY   OF   COMMERCE   AND   LABOR. 

In  the  11  months  in  1908-9,  143  of  the  accidents  reported  led  to 
losses  of  parts  of  the  body,  and  while  4  of  these  led  to  fatal  results,  of 
the  remaining  139  only  17  were  reported  as  causing  permanent  dis- 
ability. On  the  Isthmian  Canal  there  were  81  accidents  reported 
with  loss  of  part  of  the  body;  of  these  3  were  fatal,  and  of  the  remain- 
ing 78  accidents,  only  11  were  reported  as  permanent.  In  all  other 
branches  of  service  there  were  62  such  accidents,  1  fatal,  and  only  6 
reported  as  permanent. 

In  1909-10,  202  accidents  led  to  losses  of  parts  of  the  body;  5  of 
these  resulted  fatally,  and  31  of  the  remaining  197  were  reported  as 
causing  permanent  disability.  On  the  Isthmian  Canal,  of  the  acci- 
dents reported  there  were  117  causing  a  loss  of  some  part  of  the  body, 
and  of  these  3  resulted  in  death,  only  25  of  the  remaining  114  cases 
being  reported  as  permanent;  in  all  other  branches  of  service  85  such 
cases  were  reported,  2  of  which  were  fatal  and  6  reported  as  per- 
manent. An  examination  of  the  data  for  1910-11  simply  furnishes 
cumulative  evidence  of  a  similar  nature. 

Thirty-seven  accidents  resulting  in  loss  of  parts  of  the  body 
remained  uncompensated  in  the  11  months  in  1908-9  for  various 
reasons;  of  these  4  were  fatal  and  2  caused  permanent  disability. 
In  1909-10  there  were  32  such  accidents  reported,  4  of  which  resulted 
fatally,  and  2  were  reported  permanent;  while  in  1910-11  the  non- 
compensated accidents  of  this  class  were  45  in  number,  of  which  3  were 
fatal  and  4  reported  as  permanent. 

As  far  as  these  noncompensated  accidents  are  concerned,  the 
question  of  their  classification  as  permanently  disabling  or  otherwise 
is  of  interest  under  the  present  law  simply  as  a  matter  of  correct 
statistical  methods;  but  as  to  the  remaining  106  maiming  accidents 
in  1908-9,  the  170  in  1909-10,  and  the  155  in  1910-11,  these  being  the 
number  of  such  accidents  which  were  compensated,  the  official  dura- 
tion of  incapacity  is  of  immediate  practical  importance,  since  by  it  is 
determined  the  amount  of  compensation  paid  to  the  injured  persons. 
During  the  first  period,  in  addition  to  the  15  compensated  injuries 
causing  maiming,  and  reported  as  permanent,  1  was  reported  as  last- 
ing over  1  year,  but  in  all  these  cases  but  one  year's  wages  were  paid 
as  compensation;  in  1909-10,  in  addition  to  29  compensated  perma- 
nent maiming  injuries,  there  was  1  case  in  which  the  disability  was 
reported  as  exceeding  1  year;  while  in  1910-11  there  were  25  such 
injuries  compensated  and  reported  as  permanent  and  5  as  causing 
disability  for  more  than  1  year,  all  compensated  by  but  1  year's 
wages. 

In  most  cases  of  this  form  the  duration  of  disability  is  strikingly 
brief,  apparently  giving  little,  if  any,  time  beyond  that  necessary  for 
the  healing  of  the  wound.     A  careful  examination  of  the  tables  will 


workmen's  compensation  under  ACT  OF  MAY  30,  1908.      77 

show  many  such  examples.  Among  the  most  striking  may  be  men- 
tioned the  following: 

In  the  11  months  in  1908-9,  loss  of  hand  in  1  case,  duration  under 
3  weeks;  loss  of  more  than  1  finger  of  right  hand,  duration  in  2  cases 
between  2  and  3  weeks,  and  in  1  case  between  3  and  4  weeks;  loss 
of  leg,  duration  in  1  case  between  10  and  11  weeks;  loss  of  foot,  dura- 
tion in  1  case  6  to  7  weeks,  and  permanent  in  4  cases;  loss  of  1  eye, 
duration  4  to  5  weeks  in  1  case,  5  to  6  weeks  in  1  case,  6  to  7  weeks 
in  1  case,  7  to  8  weeks  in  1  case,  and  8  to  9  weeks  in  1  case;  and  in 
1909-10,  loss  of  1  finger,  3  cases  less  than  7  days,  7  cases  7  to  15  days, 
37  cases  15  to  28  days;  loss  of  more  than  1  finger,  3  cases  from  15 
to  21  days  and  1,  21  to  28  days,  while  in  loss  of  finger  or  fingers  not 
specified  10  out  of  12  cases  were  reported  as  causing  disability  not 
exceeding  28  days;  2  cases  of  loss  of  eye  not  exceeding  35  days,  and  2 
cases  not  exceeding  42  days. 

These  illustrations  and  many  others  that  could  be  cited  seem  to 
show  clearly  that  there  is  no  proper  correspondence  between  the  real 
economic  injury  done  and  the  compensation  as  paid  on  the  basis  of 
the  duration  of  total  disability  resulting  from  loss  of  limbs,  etc. 

NATURE  OF  INJURY  AND  CAUSES  OF  ACCIDENTS  REPORTED. 

General  Table  X  (pp.  186-208)  of  this  report  classifies  all  accidents 
reported  according  to  the  cause  and  nature  of  injury.  It  is  of  interest 
in  showing  the  existing  relation  between  cause  and  effect  in  industrial 
accidents  and  also  furnishes  data  for  estimating  the  comparative 
hazards  of  different  industrial  operations.  As  in  other  tables,  the 
data  are  shown  separately  for  the  Canal  Zone  and  all  other  branches 
of  service. 

While  the  data  given  in  this  table  are  insufficient  to  use  as  a  basis 
for  general  conclusions,  their  accumulation  through  a  series  of  years 
should  be  of  considerable  value.  It  is  apparent  that  railway  opera- 
tions afford  the  greatest  number  of  serious  injuries,  as  fatalities,  loss 
or  fracture  of  limbs,  and  multiple  injuries.  Working  machinery, 
using  power,  causes  injuries  chiefly  to  the  hands  and  fingers;  while 
falls  caused  the  major  part  of  the  fractures  of  ribs.  Of  minor  injuries 
to  the  hands  and  fingers,  loading  and  unloading  and  the  use  of  hand 
tools  and  simple  instruments  are  prime  causes;  while  the  collapse  and 
fall  of  materials  is  the  cause  of  a  large  proportion  of  the  injuries  to 
the  feet.  Flying  bodies,  splinters,  etc.,  and  inflammable,  poisonous, 
etc.,  vapors  and  gases  cause  most  injuries  to  the  eyes. 


78  REPORT   OF    THE    SECRETARY   OF   COMMERCE   AND   LABOR. 

NATURE  OF  INJURY  AND  AMOUNT  OF  COMPENSATION. 

According  to  the  act,  the  amount  of  compensation  depends  upon 
two  factors — the  rate  of  pay  and  the  length  of  absence  from  work, 
and  not  at  all  upon  the  nature  of  injury,  except  as  it  influences  the 
duration  of  disability.  Nevertheless,  it  is  of  interest  to  ascertain  what 
relation  there  is,  if  any,  between  the  nature  of  the  injury  and  the 
amount  of  compensation  paid.  This  is  shown  in  detail  in  General 
Table  XI,  which  gives  the  classified  cost  of  nonfatal,  compensated 
cases,  by  nature  of  injury. 

As  appears  from  Table  XI,  in  some  cases  very  serious  accidents 
have  been  compensated  by  less  than  $100,  $50,  and  even  $25.  Thus, 
in  1908-9,  in  15  cases  of  loss  of  one  or  more  fingers,  3  fractures  of  arm, 
and  1  fracture  of  leg,  the  injured  persons  received  less  than  $25  each; 
in  18  cases  of  loss  of  finger  or  fingers,  7  fractures  of  arm,  1  fracture  of 
leg,  10  fractures  of  ribs,  1  loss  of  eye,  the  compensation  was  from  $25 
to  $50;  and  in  1909-10,  26  cases  of  loss  of  one  or  more  fingers,  5  cases 
of  fracture  of  an  arm,  1  case  of  fracture  of  a  leg,  4  cases  of  hernia  were 
compensated  by  a  payment  of  less  than  $25 ;  1  case  of  loss  of  right  arm, 
4  cases  of  fracture  of  leg,  13  of  fracture  of  ribs,  45  of  hernias,  and  3  of 
loss  of  an  eye  were  compensated  for  by  a  payment  of  between  $25 
and  $50.  In  1910-11,  also  the  loss  of  an  eye  led  to  a  compensation 
payment  of  between  $25  and  $50.  In  2  cases  of  loss  of  1  finger  the 
claimant  received  in  1  case  between  $1,250  and  $1,500,  in  the  other 
between  $1,500  and  $2,000;  in  two  cases  of  fracture  of  finger  claim- 
ants were  paid  sums  falling  within  the  same  classes;  for  the  loss  of  a 
toe  1  claimant  was  paid  less  than  $25,  another  between  $700  and  $800. 

The  data  from  which  Table  XI  is  made  up  are  summarized  in  the 
following  table,  so  as  to  show  the  total  and  average  cost  of  the  various 
cases  according  to  the  nature  of  the  injury: 


workmen's  compensation  under  ACT  OF  MAY  30,  1908.      79 

NUMBER  OF  COMPENSATED  CASES  OF  NONFATAL  INJURIES  AND  AGGREGATE  AND 
AVERAGE  COMPENSATION,  FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND  1910-11,  BY 
NATURE  OF  INJURY. 

1908-9.1 


Nature  of  injury. 


Compensation. 


All  other  departments, 
sen-ices,  and  estab- 
lishments. 


Compensation. 


Compensation. 


Aver- 
age. 


cases.  Amount. 


of 
cases. 

Amount. 

1 

$300.25 

3.5 

5,900.62 

36 

7,277.98 

1 

73.50 

13 
95 

921.13 
7.258.35 

7 

405.  74 

3 

216.  93 

4 

710.92 

1 

74.76 

56 
82 

5.  445.  55 
5,237.61 

184 

13,129.77 

44 

5,723.19 

11 
2 
16 
49 

5, 677. 14 

886.19 

5.223.58 

16.139.40 

2 

983.40 

128 
8 
90 

172 
3 

16, 787. 67 
2,851.58 
10.092.76 
11,707.18 
230.72 

100 

13, 050.  83 

1 
6 

273.60 
1,402.34 

13 

1,236.45 

40 
18 

48 
61 

4,808.29 
4,056.80 
6,  865. 14 
6,992.05 

12 

1,139.58 

55 

5, 773. 96 

9 

1,333.38 

63 

6,889.38 

1 

80.00 

Upper  extremities: 

Loss  of  either  arm,  not 
specified 

Fracture  of  arm  or  fore- 
arm   

Other  injuries  to  either 
arm  or  forearm 

Loss  of  hand,  not  speci- 
fied  

Fractures  of  bones  of 
hand 

Other  injuries  to  hand. . . 

Loss  of  one  fmger,  right 
hand 

Loss  of  one  finger,  left 
hand 

Loss  of  more  than  one 
finger,  right  hand 

Loss  of  more  than  one 
finger,  left  hand 

Either  hand,  not  speci- 
fied  

Fracture  of  fingers 

All  other  injuries  to  fin- 
gers   

All  other  injuries  to  up- 
per extremities 

Lower  extremities: 

Loss  of  either  leg 

Loss  of  both  legs 

Fracture  of  either  thigh.. 

Fracture  of  either  leg 

Fracture  of  both  thighs 
or  legs 

Other  injuries  to  thigh 
or  leg •. 

Loss  of  foot 

Fracture  of  bones  of  foot 

Other  injuries  to  foot 

Loss  of  toe  or  toes 

All     other    injuries     to 

lower  extremities 

Combined  injuries  to  upper 
and  lower  extremities: 

Including  the  loss  of  any 
part 

Including  fractures 

All  other  injuries  to  the 

extremities 

Trunk: 

Fracture  of  rib 

O  ther  chest  injuries 

Injuries  to  back , 

Hernias 

Other  abdominal  inju- 
ries  

All    other    injuries    to 

trunk 

Eyes: 

Loss  of  either  eye 

Other  injuries  to  either 
eye 

Other  injuries  to  both 
eyes 


$300.25  8300.25 
2,423.48  127.55 
3,192.28     199.52 


405.  74 
158.85 
710. 92 


2,291.94 

1,163.80 

2,922.08 

8S6.19 

3,153.60 

6, 787. 11 

563.40 

8,923.90 
2.044.30 
6.363.93 
4,272.81 
230.72 

4,653.33 


811.49 

409.20 

2.553.14 

3,624.02 

544.45 
1,374.80 

382.04 
2,929.69 


79.43 
177.  73 


417.44 
443.10 
286.  69 
282.80 

563.40 

110.17 

340.72 
124.78 
52.11 
76.91 

125.77 


81.15 
81.84 
170.21 
86.29 

90.74 

98.20 

95.51 

146.48 


$3,477.14 

4,085.70 

73.50 


?217.32 
204.29 
73.50 


74.76* 


3.444.95 
2.  696. 05 


4, 559. 39 
2,  755. 06 


9.352.29 

420.00 

7,863.77 

807. 28 

3.728.83 

7,434.37 


63     8,397.50 


1. 996.  SO 
1,647.60 

:.312.00 

1,368.03 
595. 13 

[,  399. 16 
951.34 


88.83 
138.16 


167.31 
403.64 
95.61 
82.60 


310. 32 
113.43 

133.23 

2*0.5? 
130.67 
177.26 

99.19 
107. 30 
190.27 

92.09 

80.00 


i  Eleven  months. 


80 


REPORT    OF    THE    SECRETARY   OF   COMMERCE   AND   LABOR. 


NUMBER  OF  COMPENSATED  CASES  OF  NONFATAL  INJURIES  AND  AGGREGATE  AND 
AVERAGE  COMPENSATION,  FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND  1910-11,  BY 
NATURE  OF  INJURY— Continued. 

1908-9— Concluded. 


Isthmian  Canal  Com- 
mission. 

All  other  departments, 
services,    and    estab- 
lishments. 

Total  compensated 

cases. 

Nature  of  injury. 

Num- 
ber 
of 

cases. 

Compensation. 

Num- 
ber 
of 

cases. 

Compensation. 

Num- 
ber 
of 

cases. 

Compensation. 

Amount. 

Aver- 
age. 

Amount. 

Aver- 
age. 

Amount. 

Aver- 
age. 

Head: 

2 
3 

1 

8 

$154.30 
136. 66 

22.00 
338. 07 

$77. 15 
45.55 

22.00 
42.26 

1 
5 

4 
25 
3 

6 
1 

55 

1 

$1,003.68 
1,308.40 

373. 64 

1,315.17 

762. 76 

806. 11 
124. 00 

7,459.42 
115.28 

$1,003.68 
261.68 

93.41 
52.61 
254.25 

134.35 
124. 00 

135.  63 
115.28 

3 

8 

5 
33 
3 

7 
1 

96 
2 

$1,157.98 
1,445.06 

395. 64 

1,653.24 

762.  76 

839.  71 
124. 00 

13,848.26 
376.11 

$385. 99 

Fracture  of  other  bones. . 
Concussion  of  brain  with- 

180.63 
79.13 

All  other  injuries  to  head. 

50.10 
254.25 

Miscellaneous: 

1 

33.60 

33.60 

119.96 

124. 00 

All  other  (including  mul- 

41 
1 

6, 388.  84 
260.  83 

155.  83 
260.83 

144. 25 

188.06 

Total  

717 

79, 257.  25 

110.54 

911 

118,503.23 

130.08 

1,628 

197,760.48 

121.47 

Upper  extremities: 

Loss  of  right  arm 

3 

$810.  52 

$270. 17 

1 

$1,348.00 

$1,348.00 

4 

$2, 158.  52 

$539.  63 

Loss  of  either  arm,  not 

2 

762.  21 

381. 11 

2 

1,250.25 

625. 13 

4 

2, 012.  46 

503. 12 

Fracture  of  arm  or  fore- 

30 

4,  739.  29 

157. 98 

20 

3, 834.  60 

191.  73 

50 

8,573.89 

171.  48 

Other  injuries  to  either 

arm  or  forearm 

26 

4,876.47 

187.  56 

32 

2, 660.  53 

83.14 

58 

7, 537.  00 

129. 95 

Loss  of  right  hand 

2 

361. 57 

180.  79 

2 

361. 57 

180.  79 

Loss  of  either  hand,  not 

2 

531.  88 

265.  94 

1 

'     14.82 

14.82 

3 

546.  70 

182.  23 

Fracture  of  bones  of  hand. 

24 

1,745.99 

72.75 

11 

1,308.40 

118.95 

35 

3,054.39 

87.27 

Other  injuries  to  hand. . . 

70 

3, 209.  84 

45.85 

99 

6, 644.  66 

67.12 

169 

9, 854.  50 

58.31 

Loss  of  one  finger,  right 

hand 

26 

3, 846. 58 

147.  95 

11 

768.  40 

69.85 

37 

4, 614.  98 

124.  73 

Loss  of  one   finger,  left 

16 

782.  94 

48.93 

28 

3, 227.  65 

115.27 

44 

4, 010.  59 

91.15 

Loss  of  more  than  one 

finger,  right  hand 

6 

656.  56 

109. 43 

4 

1,017.89 

254.  47 

10 

1,674.45 

167.  45 

Loss  of  more  than  one 

finger,  left  hand 

5 

418.  65 

83.73 

9 

2, 296.  80 

255.  20 

14 

2,  715. 45 

193. 96 

Loss  of  finger  or  fingers, 

both  hands,  or  either 

hand,  not  specified 

5 

151.67 

30.33 

3 

97.34 

32.45 

8 

249. 01 

31.13 

Fracture  of  fingers 

63 

5, 930.  53 

94.14 

56 

4, 961.  29 

88.59 

119 

10, 891.  82 

91.53 

All    other    injuries    to 

83 

3,  714.  22 

44.75 

192 

15, 976. 18 

83.21 

275 

19, 690. 40 

71.60 

All  other  injuries  to  up- 

per extremities 

8 

1,386.25 

173.  28 

15 

1,256.59 

83.77 

23 

2,642.84 

114.91 

Lower  extremities: 

Loss  of  either  leg 

13 

8, 994.  76 

691. 90 

1 

162.  76 

162.  76 

14 

9, 157.  52 

654. 11 

Loss  of  both  legs 

2 

858.  42 

429.  21 

2 

858.  42 

429.  21 

Fracture  of  either  thigh.. 

5 

1,182.54 

236.  51 

4 

3, 500. 14 

875.  04 

9 

4, 682.  68 

520.  30 

Fracture  of  either  leg 

39 

10,391.50 

266.  45 

120 

7,424.40 

1371.22 

159 

17,815.90 

1301.96 

Fracture  of  both  thighs 

or  legs 

1 

602.  40 

602. 40 

1 

602. 40 

602. 40 

Other  injuries  to  thigh  or 

121 

12, 854.  90 

106.  24 

128 

13,402.13 

104.  70 

249 

26,  257. 03 

105. 45 

2 

68 

533. 15 
6, 535.  52 

266.  58 
96.11 

2 
116 

533. 15 
13,171.80 

266. 58 

Fracture  of  bones  of  foot. 

48 

6, 636.  28 

138.  26 

113. 55 

Other  injuries  to  foot 

123 

7,097.11 

57.70 

1206 

15, 454. 45 

i  75.  02 

1329 

22,551.56 

i  68.  55 

Loss  of  toe  or  toes 

11 

1,198.93 

108.  99 

3 

824.  99 

275. 00 

14 

2, 023.  92 

144.57 

All  other  injuries  to  lower 

extremities 

16 

2,365.75 

147. 86 

9 

975.  83 

108.  43 

25 

3,341.58 

133. 66 

i  Not  including  1  claimant  who  disappeared  without  receiving  compensation. 


workmen's  compensation  under  ACT  OF  MAY  30,  1908.      81 

NUMBER  OF  COMPENSATED  CASES  OF  NONFATAL  INJURIES  AND  AGGREGATE  AND 
AVERAGE  COMPENSATION,  FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND  1910-11,  BY 
NATURE  OF  INJURY— Continued. 

1909-10— Concluded. 


Nature  of  injury. 


Compensation. 


All  other  departments, 
services,  and  estab- 
lishments. 


Compensation. 


Compensation. 


Combined  injuries  to  upper 
and  lower  extremities: 
Including  loss  of  any  part 

Including  fractures 

All  other  injuries  to  the 

extremities 

Trunk: 

Fracture  of  rib 

Other  chest  injuries 

Injuries  to  back 

Hernia 

Other  abdominal  injuries 
All    other    injuries    to 

trunk 

Eyes: 

Loss  of  either  eye 

Other  injuries  to  either 

eye 

Loss  of  both  eyes 

Other  injuries  to   both 

eyes 

Head: 

Fracture  of  skull 

Fracture  of  other  bones. . 
Concussion     of     brain, 

without  fracture 

All  other  injuries  to  head. 

Neck,  all  injuries 

Miscellaneous: 

Internal  injuries 

Poisoning 

All  other  (including  mul 

tiple  injuries) 

Not  reported 


584.37 
1,349.51 


429. 09 

3,348.90 

1,959.54 
792.  20 

1,337.66 


314.  64 

2, 544.  48 

122.  80 


157.32 
127.  22 
61.40 


$477. 12 

422. 39 

3,868.05 

406. 33 

6, 340.  09 

3,880.00 

272. 50 

5, 157. 93 

263. 33 

4,431.55 


$477. 12 

52.80 

104.  54 
67.72 
162.  57 
149.  23 
90.83 

114.62 

87.78 

82.07 


182.  96 


1,035.34 
5, 363.  06 
1,330.66 


fiO.f 


172.  56 
92.47 
665.  33 


1,006.76 

5,217.56 
1.76 


1,4 

7,888.98 

13, 858.  40 

790. 30 

5,587.02 

3,612.23 


1,349.98 
7,907.54 
1,453.46 


Total  . 


1,105    127,841.49 


Upper  extremity: 

Loss  of  right  arm 

Loss  of  either  arm,  not 
specified 

Fracture  of  arm  or  fore- 
arm   

Other  injuries  of  either 
arm  or  forearm 

Loss  of  right  hand 

Ivoss  of  hand,  not  speci- 
fied  

Fracture  of  bones  of  hand 

Other  injuries  to  hand. . . 

Loss  of  one  finger,  right 
hand 

Loss  of  one  finger,  left 
hand 

Loss  of  more  than  one 
finger,  right  hand 

Loss  of  more  than  one 
finger,  left  hand 

Loss  of  finger  or  fingers, 
both  hands  or  either 
hand,  not  specified 


$818.51 

191.52 

4, 125. 02 

4,632.65 


$409.  26 
191.52 
108.  55 
149.  44 


192. 15 
2,  840.  62 
2, 504. 25 

1,046.21 

869. 48 

1, 208. 53 

2, 084. 02 


192. 15 
123.  51 
47.25 

61.54 

43.47 

120. 85 

231.56 


4, 129.  22 

3,895.98 
745. 00 


1,059.83 
9,963.44 

2,031.80 

1,924.62 

237.82 

596. 70 


156.  29 
192.  46 
59.46 
149. 18 


$2, 322.  43 

191.52 

8,254.24 


192. 15 
3, 900.  45 
12, 467.  69 

3,078.01 

2, 794. 10 

1,446.35 

2,680.72 

698. 73 


1  Not  including  1  c 

2  Not  including  3  c 


i  disappeared  without  receiving  compensation. 
io  disappeared  without  receiving  compensation. 


80557° 


82 


REPORT    OF    THE    SECRETARY   OF    COMMERCE   AND   LABOR.- 


NUMBER  OF  COMPENSATED  CASES  OF  NONFATAL  INJURIES  AND  AGGREGATE  AND 
AVERAGE  COMPENSATION,  FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND  1910-11,  BY 
NATURE  OF  INJURY— Concluded. 

1910-11— Concluded. 


Nature  of  injury. 


Compensation. 


Num- 
ber 
of 

cases 


All  other  departments, 
services,  and  estab- 
lishments. 


Compensation. 


Compensation. 


cases.  Amount. 


Upper  extremity— Concld. 

Fracture  of  ringers 

All  other  injuries  to 
ringers 

All  other  injuries,  upper 

extremity 

Lower  extremities: 

Loss  of  either  leg , 

Loss  of  both  legs 

Fracture  of  either  thigh. . 

Fracture  of  either  leg 

Fracture  of  both  thighs 
or  legs 

Other  injuries  to  thigh 
or  leg 

Loss  of  foot 

Fracture  of  bones  of  foot. 

Other  injuries  to  foot 

Loss  of  toe  or  toes 

All  other  injuries,  lower 

extremities 

Combined  injuries  to  upper 
and  lower  extremities: 

Including  fractures 

All  other  injuries  to  the 

extremities 

Trunk: 

Fracture  of  rib 

Other  chest  injuries 

Injuries  to  back 

Hernia 

Other  abdominal  injuries 

All  other  injuries  to  trunk 
Eyes: 

Loss  of  either  eye 

Other  injuries  to  either 


$4,044.80 

6,325.74 

33.04 

4,242.11 
1,132.21 
1,605.72 
17,682.11 


713.88 

483.40 

10,581.99 

12, 845. 65 

573.94 

503. 55 


Other  injuries   to   both 


Head: 

Fracture  of  skull 

Fracture  of  other  bones . 

All  other  injuries  to  head 

Neck:  All  injuries 

Miscellaneous: 

Internal  injuries 

All  other,  including  mul- 
tiple injuries 

Not  reported 


610. 19 

800. 62 
244. 16 

1, 885.  82 

7, 748. 87 

340. 14 

5, 234. 80 

5, 054.  86 

4,404.96 

120.  02 

1, 470.  26 
187. 41 
762. 53 
150.  80 


14,211.61 
1,627.60 


$49. 94 
41.08 
33.04 

353.  51 

377.  40 
321. 14 
304.  86 


105. 10 
161.13 
153.36 
74.25 
63.77 

62.94 


101.  70 

66.72 
24.42 

134.  70 
75.23 
68.03 

163. 59 

631.  86 
146.83 
40.01 


$7,  457. 97 
18, 458. 46 
1,544.72 
1,211.38 


702. 24 

10, 534. 73 

248. 25 
10,962.77 

23,o«n.rm 
695. 10 

2,020.43 


1, 843.  74 

1, 636.  21 

2, 047. 19 
759. 06 
6,880.55 
3,964.34 
346.69 
10, 989.  27 

1,837.67 

6,010.99 

337. 56 

1,711.32 

37.75 

3,301.19 

91.96 

1,447.52 


$82.  87 
79.56 
70.21 

403. 79 


614.58 
181.  80 


119.45 
459.  42 


48.22 
244.47 


$11,502.77 

24, 784. 20 

1,577.76 

5,453.49 
1, 132.  21 
4, 902. 93 
32, 187. 52 


25,  248. 61 

731.65 

21, 544.  76 

35,911.71 


1,843.74 

2,246.40 

2, 847.  81 
1,003.22 
8,766.37 

11,713.21 
686.  83 

16, 224. 07 

6, 892. 53 
10,415.95 

457. 58 

3,181.58 
225. 16 

4,063.72 
242.  76 


$67. 27 
64.21 


363.57 
377.40 
544.  77 
338. 82 


182. 91 
152. 80 
87.80 
97.62 

114.  73 


614.58 

149. 76 

67.81 
71.66 

128. 92 
90.10 
68.68 

130. 84 

574. 38 
114.46 
45.76 
244. 74 


Grand  total . 


i  Not  including  20  cases  in  which  the  amount  of  compensation  is  not  reported. 


workmen's  compensation  under  ACT  OF  MAY  30,  1908.      83 

It  has  been  stated  already  that  the  average  payment  per  com- 
pensated nonfatal  case  in  1908-9  was  $121.53;  in  1909-10,  $113.19; 
and  in  1910-11,  $113.99.  The  total  and  average  compensation  for 
each  class  of  injuries  is  shown  in  the  tables  separately  for  the  Isth- 
mian Canal  and  for  all  other  branches  of  service.  It  must  be  noted, 
however,  that  in  the  case  of  many  injuries  the  number  is  so  small 
that  the  averages  obtained  are  without  much  significance.  The 
information  conveyed  by  this  table  is  sufficient,  however,  to  show 
the  very  small  amount  of  compensation  paid  in  many  cases  of  very 
grave  injuries,  while  on  the  other  hand  very  small  injuries  sometimes 
give  rise  to  payment  of  large  sums.  Thus,  in  1908-9,  the  average 
payment  for  loss  of  two  or  more  ringers  on  right  hand  was  $177.73, 
while  for  loss  of  a  hand  the  sum  of  $73.50  was  paid.  For  9  cases  of 
loss  of  eye,  the  average  compensation  was  $148.15.  One  case  of  loss 
of  arm  was  compensated  by  $300.25,  losses  of  one  leg  by  an  average 
payment  of  $516.10,  while  2  cases  in  which  both  legs  were  lost  led  to 
an  average  of  but  $443.10.  In  1909-10  the  average  compensation 
paid  for  loss  of  two  or  more  fingers  of  left  hand  was  $193.96;  two  or 
more  fingers  of  right  hand,  $167.45;  while  for  5  cases  of  loss  of  a  hand 
the  average  was  $181.65;  loss  of  one  eye,  $451.53;  loss  of  right 
arm,  $539.63;  arm  not  specified,  $503.12;  loss  of  leg,  $654.11;  loss  of 
both  legs,  $429.21.  In  1910-11  the  average  payment  for  the  loss  of 
more  than  one  finger  of  the  left  hand  was  $206.21,  while  for  the  same 
injury  to  the  right  hand  $103.31  was  paid;  in  95  cases  of  fracture  of 
one  leg  the  average  was  $338.82,  while  in  3  cases  of  loss  of  both  legs 
an  average  of  $377.40  was  paid  as  compensation.  The  controlling 
factor  is  in  one  aspect  the  rate  of  pay,  since  two  employees  may 
suffer  the  same  injury  and  the  term  of  disability  be  approximately 
the  same  while  one  may  be  receiving  10  cents  per  hour  and  the  other 
60  cents  or  more  per  hour.  There  is  in  many  cases  a  decided  differ- 
ence in  the  average  amount  paid  in  the  Isthmian  Canal  service  and 
in  other  branches. 

SURVIVORS  IN  CASES  OF  FATAL  ACCIDENTS  REPORTED. 

The  number  of  survivors,  in  so  far  as  ascertainable,  in  cases  of 
fatal  accidents  reported  is  shown  in  the  next  two  tables.  Of  chil- 
dren, only  those  under  16  years  of  age  are  considered.  According  to 
the  first  table,  of  the  64  claims  which  were  allowed  compensation  in 
the  11  months  in  1908-9,  27  involved  but  one  beneficiary,  while  in  15 
there  were  three  or  more  dependents.  Of  the  whole  number  of  fatal 
cases,  16  were  survived  by  a  widow  alone,  13  by  a  widow  and  one 
child  under  16  years  of  age  and  15  by  a  widow  and  two  or  more  chil- 
dren. Only  orphan  children  survived  in  3  cases,  and  orphans  and 
parents  of  the  deceased  in  2  cases. 


84 


REPORT    OF    THE   SECRETARY   OF   COMMERCE   AND   LABOR. 


In  1909-10,  of  97  compensated  cases,  one  dependent  was  reported 
in  40  cases,  and  three  or  more  in  18  cases.  Of  the  total,  19  cases 
were  survived  by  a  widow  alone,  12  by  a  widow  and  one  child,  and 
18  by  a  widow  and  two  or  more  children.  There  were  orphans  alone 
in  4  cases,  and  orphans  with  parents  of  the  injured  person  in  2  cases. 

Of  the  121  compensated  cases  reported  in  1910-11,  35  involved 
but  one  beneficiary,  and  in  42  cases  there  were  three  or  more  depend- 
ents. Of  the  fatal  cases,  15  were  survived  by  a  widow  alone,  11  by  a 
widow  and  one  child,  and  19  by  a  widow  and  two  or  more  children. 
There  were  orphans  alone  in  4  cases,  and  orphans  with  parents  of  the 
injured  person  in  25  cases. 

NUMBER  OF  CASES  OF  FATAL  ACCIDENTS  REPORTED  IN  WHICH  THERE  WERE 
SURVIVING  RELATIVES,  BY  RELATIONSHIP  OF  SURVIVORS,  FOR  THE  FISCAL 
YEARS  1908-9,  1909-10,  AND  1910-11. 


Number  of  cases  of  fatal  accidents  reported 
were  lelt. 

in  which  specified  survivors 

1908-9  i 

1909-10 

1910-11 

Relationship  of  surviving 
relatives. 

Claims  for  com- 
pensation— 

Total. 

16 
13 
6 
6 

3 
2 

Claims  for  com- 
pensation— 

Total. 

Claims  for  com- 
pensation— 

Al- 
low- 
ed. 

Dis- 

al- 
low- 
ed. 

Not 
made. 

Al- 
low- 
ed. 

Dis- 
al- 

low- 
ed. 

Not 
made. 

Al- 
low- 
ed 

Dis- 

al- 
low- 
ed. 

Not 
made. 

Total. 

Widow 

7 
8 
4 
4 

1 

1 
1 
1 

8 
4 

1 
2 

2 
2 

13 
10 
3 
2 

6 
1 
1 
1 
26 
19 

1 

1 

5 

21 

7 

2 

1 

4 
2 
1 
2 

2 

19 
12 
4 

5 

9 

1 
2 
1 
35 
29 

2 

2 

7 
4 
99 

11 
11 
8 
5 

4 
1 
2 

4 

15 

11 

Widow  and  two  children . . . 
Widow  and  three  children. . 
Widow  and  four  or  more 

1 
1 

9 
6 

4 

1 

2 

1 

2 

1 
17 
14 

5 

1 

14 
10 
59 

1 
43 
30 

14 

2 

23 
15 
59 

20 

7 

4 
1 

5 

23 

6 
9 

5 

4 

2 

9 
10 

1 

1 
2 

""a 

92 

23 
17 

9 

13 

12 
...... 

6 

7 

1 

29 

24 

Widow  and  parent  or  pa- 

10 

Children  and  parent  or  pa- 

13 

Widow,  parent,  and  chil- 

12 

No  surviving  relative 

3 
1 

3 
57 

6 
63 

Total 

64 

29 

140 

233 

97 

27 

107 

231 

121 

25 

60 

206 

i  Eleven  months. 

2  Compensation  paid  to  injured  employee  for  a  portion  of  the  year  after  injury  and  before  death. 


While  the  amount  of  compensation  payable  is  fixed  without  ref- 
erence to  the  number  of  survivors,  it  is  obvious  that  there  is  a  wide 
difference  in  the  needs  in  the  different  cases,  both  on  account  of  the 
number  of  dependent  survivors  and  on  account  of  the  degree  of 
dependence,  inferable  in  part  at  least  from  their  relationship. 

The  next  table  shows  the  number  of  survivors  reported  in  fatal 
cases,  by  degree  of  relationship. 


workmen's  compensation  under  ACT  OF  MAY  30,  1908.      85 


NUMBER  OF  SURVIVING  RELATIVES  IN  CASES  OF  FATAL  ACCIDENTS  REPORTED,  BY 
RELATIONSHIP,  FOR  THE  FISCAL  YEARS  1908-9,  1909-10,  AND  1910-11. 


Number  of  surviving  relatives  of  specified  relationship  in  cases  of  fatal  ac- 
cidents. 

1908-91 

1909-10 

1910-11 

Relationship  of  surviving 
relatives. 

Claims  for  com- 
pensation— 

Total. 

Claims  for  com- 
pensation— 

Total 

Claims  for  com- 
pensation— 

Al- 
low- 
ed. 

Dis- 

al- 
low- 
ed. 

Not 
made. 

Al- 
low- 
ed. 

Dis- 

al- 
low- 

ed. 

Not 
made. 

Al- 
low- 
ed. 

Dis- 

al- 
low- 
ed. 

Not 

made. 

Total. 

Number  of  cases  for  which 
information  is  available. . . 

64 
«3 

29 
2 

81 
10 

174 
15 

90 
*1 

27 

15 
3 

132 
4 

113 

23 

4 

""2 

136 
6 

33 
44 
24 
26 

12 
14 
18 
20 

36 
52 
37 
38 

81 
110 
79 

84 

40 
61 
31 
42 

7 
15 
16 
19 

11 
21 

58 
97 
47 
61 

60 
115 
40 
63 

7 
6 
10 
9 

67 

121 

50 

72 

Total  survivors 

127 

64 

163 

354 

174 

57 

32 

263 

278 

32 

310 

1  Eleven  months. 

2  Compensation  paid  to  injured  employee  for  a  portion  of  the  year  after  injury  and  before  death. 

The  actual  number  of  survivors  in  fatal  accidents  reported  occur- 
ring in  the  11  months  in  1908-9  is  known  in  but  174  out  of  233  cases, 
in  1909-10  in  but  132  out  of  231  cases,  and  in  1910-11  in  but  136  out 
of  206  cases.  Of  the  174  cases  in  the  first  year,  15  left  no  survivors 
recognized  by  the  law,  the  remaining  159  cases  having  354, survivors, 
or  2.23  per  case.  In  the  second  year  4  left  no  such  survivors,  the 
other  128  cases  leaving  263  survivors,  or  2.05  per  case;  while  in  1910-11 
there  were  6  cases  without  recognized  survivors,  130  cases  having 
310  survivors,  or  an  average  of  2.38  per  case.  The  table  further 
shows  that  in  the  11  months  in  1908-9,  out  of  a  total  of  354  known 
survivors  after  fatal  accidents,  only  127,  or  35.88  per  cent,  received 
any  compensation,  and  that  of  the  227  survivors  receiving  no  com- 
pensation 48  were  widows,  66  children  under  16  years  of  age,  and 
113  were  parents;  in  1909-10,  of  a  total  of  263  known  survivors, 
only  174,  or  66.16  per  cent,  received  any  compensation,  and  that  of 
the  89  survivors  receiving  no  compensation  18  were  widows,  36 
children,  and  35  parents.  In  1910-11,  out  of  a  total  of  310  known 
survivors,  278,  or  89.68  per  cent,  received  compensation,  while  of  the 
32  receiving  nothing  7  were  widows,  6  were  children,  and  19  parents. 

Despite  the  evident  incompleteness  of  the  act  of  May  30,  1908,  as 
a  remedial  provision  for  all  conditions  resulting  from  injuries  to  em- 
ployees of  the  United  States,  it  is  none  the  less  clear  that  it  is  in 
large  measure  beneficial.  This  appears  from  the  statistical  account 
of  its  operations  as  well  as  from  a  consideration  of  the  interpretation 
which  it  has  received  from  the  officers  charged  with  that  duty.     As 


86  REPORT   OF    THE    SECRETARY   OF    COMMERCE   AND   LABOR. 

a  first  application  of  the  principle  of  compensation  in  this  field,  the 
act  was  necessarily  in  some  degree  tentative,  as  is  shown  both  by  the 
amendments  which  it  has  received  and  by  the  consideration  already 
given  to  the  subject  of  complete  new  drafts  of  bills  for  the  compen- 
sation of  civilian  employees  of  the  United  States,  such  bills  having 
been  introduced  and  given  consideration  in  both  Houses  of  Congress. 
A  secondary  effect  of  the  enactment  of  the  law  has  been  the  partial 
acceptance  of  the  rate  of  compensation  fixed  therein  as  a  standard 
in  cases  of  special  acts  passed  for  the  relief  of  individual  claimants 
not  provided  for  by  this  act;  and  here,  again,  appears  a  disposition 
favorable  to  an  extension  of  the  act  and  an  adjustment  of  the  scale 
of  benefits  to  a  more  equable  scheme  of  compensation  than  can  be 
provided  for  by  a  law  that  takes  note  of  no  disability  other  than  total 
and  makes  one  year's  wages  the  maximum  of  benefits,  sinne  in  serious 
cases  before  Congress  there  is  a  noticeable  disposition  to  enlarge  the 
allowances  to  meet  conditions.  But  whether  the  present  act  be 
considered  as  a  basis  for  amendment  or  as  a  point  of  departure  in 
the  enactment  of  new  legislation,  the  results  of  the  experience  under 
it  for  its  first  three  years  of  operation  are  undoubtedly  of  value  in 
determining  in  what  direction  such  amendment  or  new  legislation 
shall  proceed. 

General  Tables  I  to  XI  follow: 


workmen's  compensation  under  ACT  OF  MAY  30,  1908.     87 


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APPENDIX. 


REGULATIONS    CONCERNING   THE    DUTIES    OF   EMPLOYEES,    OFFICIAL 
SUPERIORS,  AND  MEDICAL  OFFICERS. 

The  text  of  the  regulations  now  in  use  (issued  Apr.  15,  1912)  is 
as  follows: 

DUTIES    OF    EMPLOYEES. 

1.  Reports  of  injuries. — Whenever  any  injury  is  sustained  by  an  employee  in  the 
course  of  his  employment,  he  shall  immediately  report  the  same  to  his  official  superior, 
if  he  is  able  to  do  so,  giving  also  a  statement  of  the  facts  and  the  names  of  witnesses, 
if  any. 

2.  First-aid  treatment. — No  matter  how  slight  the  injury  sustained,  the  injured 
employee  shall  immediately  apply  to  the  dispensary  or  medical  officer,  if  there  be  one, 
for  examination  and  for  first-aid  treatment,  and  it  shall  be  the  duty  of  his  official 
superior  to  direct  him  to  do  so. 

3.  Reports  of  disability . — In  case  the  disability  arises  some  time  after  the  injury  has 
been  received,  it  shall  be  the  duty  of  the  injured  employee  to  notify  his  official  superior 
within  48  hours  from  the  beginning  of  such  disability. 

4.  Treatment. — It  shall  be  the  duty  of  each  injured  employee  intending  to  take 
advantage  of  the  provision  of  the  act  to  obtain  necessary  medical  and  surgical  treat- 
ment and  to  comply  with  all  reasonable  orders  for  treatment  and  conduct  which  the 
attending  physician  may  give.  He  shall  also  submit  to  such  medical  examinations 
as  his  official  superior  may  from  time  to  time  direct. 

5.  Notices  of  continuing  disability. — Every  employee  injured  in  the  course  of  employ- 
ment who  is  unable  to  return  to  work  because  of  such  injury,  shall,  within  24  hours, 
inform  his  official  superior  of  such  fact,  either  in  person  or  by  mail,  telephone,  or 
messenger.  Such  notice  shall  be  given  by  the  injured  employee  or  for  him  every  week, 
unless,  in  the  opinion  of  the  official  superior,  the  permanent  nature  of  the  injury 
makes  this  notice  unnecessary.  Such  notice  should  state  when  the  injured  employee 
was  last  seen  by  his  attending  physician. 

6.  Examinations. — For  the  purpose  of  the  medical  examinations  prescribed  by  the 
act,  the  injured  employee  shall  appear  at  the  dispensary  of  the  establishment  whenever 
directed  to  do  so;  but  if  he  claims  to  be  unable  to  present  himself  for  such  examination 
the  medical  officer  or  other  officially  designated  physician  may  call  at  the  residence 
of  the  injured  employee  in  order  to  make  an  examination.  The  injured  employee 
shall  be  entitled  to  have  his  attending  physician  present  during  such  examination. 

7.  Disagreements. — If  the  injured  employee  refuses  to  accept  the  opinion  of  the 
official  examining  physician  as  to  his  ability  to  resume  work,  either  because  of  a  dif- 
ferent opinion  held  by  his  private  physician  or  for  any  other  reason,  the  employee 
shall  immediately  so  report  to  his  official  superior,  who  will  in  turn  report  the  same  to 
the  Secretary  of  Commerce  and  Labor.    - 

8.  Examinations  by  order  of  the  Department  of  Commerce  and  Labor. — On  receipt  of 
reports  concerning  disagreement  between  the  claimant  or  his  physician  and  the  official 
examining  physician,  the  Secretary  of  Commerce  and  Labor  will  immediately  order 
an  examination  of  the  claimant  by  a  physician  designated  by  him,  so  as  to  ascertain 

231 


232       REPORT   OF   THE   SECRETARY   OF    COMMERCE   AND   LABOR. 

the  claimant's  physical  condition;  and  if  the  employee  refuses  to  submit  to  or  obstructs 
such  examination  the  right  to  compensation  shall  be  lost  for  the  period  covered  by  the 
continuance  of  such  refusal  or  obstruction. 

9.  Claims. — The  claim,  properly  filled  out,  must  be  presented  by  the  injured 
employee  to  his  official  superior,  who  shall  forward  the  same,  with  the  statements  of 
witnesses,  if  there  were  witnesses,  through  the  regular  official  channels  for  transmission 
to  the  Secretary  of  Commerce  and  Labor. 

10.  Certificates. — In  cases  of  continuing  disability  the  injured  employee  shall  furnish 
such  medical  certificates  from  time  to  time  as  the  official  superior  may  require. 

11.  Disregard  of  instructions . — Where  an  injured  employee  shall  fail  to  make  any  of 
the  reports  prescribed  in  these  regulations,  or  refuses  to  submit  himself  to  examination 
by  the  medical  officer  or  other  officially  designated  physician,  when  ordered  by  his 
official  superior  to  do  so,  such  refusal  or  failure  will  be  considered  by  the  Secretary 
of  Commerce  and  Labor  as  presumptive  evidence  against  his  right  to  compensation 
under  the  law. 

DUTIES    OF    OFFICIAL    SUPERIORS. 

12.  Record  of  accident. — Whenever  an  accident  causing  injury  to  an  employee  comes 
to  the  knowledge  of  the  person  in  charge  of  such  employee  he  should  immediately 
secure  a  record  of  the  cause  and  nature  of  the  accident  and  the  nature  and  extent  of  the 
injury,  however  slight.  The  names  and  testimony  of  witnesses  should  also  be  secured 
and  the  employee  directed  to  apply  to  the  dispensary  or  medical  officer,  if  there  be 
one,  for  examination  and  first-aid  treatment. 

13.  Reports  of  injuries. — All  injuries  which  prevent  the  employee  from  performing 
work  for  one  day  or  longer  should  be  reported  to  the  Secretary  of  Commerce  and  Labor 
by  the  official  superior  of  such  employee,  on  the  form  provided  for  that  purpose, 
within  48  hours  after  such  injuries  have  been  brought  to  the  notice  of  such  official 
superior.  The  reports  called  for  in  paragraphs  numbered  1,  3,  13,  14,  and  16  should 
be  made  for  all  employees  regardless  of  the  application  of  the  provisions  governing 
compensation. 

14.  Report  of  termination  of  disability. — Whenever  a  person  who  has  been  reported 
disabled  by  an  accident  is  able  to  return  to  work  his  official  superior  should  immediately 
report  the  termination  of  such  disability  to  the  Secretary  of  Commerce  and  Labor  on 
the  proper  form . 

15.  Disagreements. — The  official  superior  should  make  immediate  report  directly 
to  the  Secretary  of  Commerce  and  Labor  of  all  cases  of  disagreement  between  the 
injured  employee  and  the  official  examining  physician  as  to  the  ability  of  the  employee 
to  resume  work. 

16.  Report  of  death. — Whenever  an  injury  received  in  the  course  of  employment 
results  in  death,  either  immediately  or  within  one  year  thereafter,  such  death  should 
be  reported  on  the  proper  form  as  soon  as  possible  after  the  knowledge  of  such  death 
reaches  the  official  superior  of  the  deceased  employee. 

17.  Blanks  to  be  furnished. — Whenever  the  official  superior  of  an  injured  employee 
has  reason  to  believe  from  the  statement  of  the  medical  officer  or  other  officially  desig- 
nated physician,  or  from  any  other  evidence,  that  disability  has  lasted  more  than  15 
days,  he  should  furnish  such  employee  with  a  blank  form  for  claim  and  call  his  atten- 
tion to  the  provisions  of  the  compensation  act.  Blank  forms  should  be  furnished  upon 
request  to  any  employee  wishing  to  make  a  claim. 

18.  Indorsement  of  claims.- — The  official  superior  or  other  person  designated  should 
either  fill  out  and  sign  the  certificate  of  approval  provided  for  that  purpose,  or  indicate 
the  reasons  for  his  refusal  to  give  his  approval.  In  either  case,  statements  of  witnesses, 
if  any,  and  copies  of  the  records  of  the  examination  of  the  claimant  by  the  medical 
officer  or  officially  designated  physician,  if  such  examinations  have  been  made,  should 
be  attached  to  the  claim,  and  the  entire  record  submitted  to  the  Secretary  of  Com- 
merce and  Labor,  to  whom  the  determination  of  the  validity  of  all  claims  is  committed 
by  the  act 


wokkmen's  compensation  undee  ACT  OF  MAY  30,  1908.   233 

19.  Claims  to  be  forwarded. — All  claims  for  compensation  when  filled  out  and  pre- 
sented by  injured  employees  to  their  official  superiors  should  be  forwarded  by  them 
through  the  regular  official  channels  for  transmission  to  the  Secretary  of  Commerce 
and  Labor.  No  letter  of  transmittal  is  necessary.  All  information  desired  should  be 
made  part  of  the  indorsement  on  such  claims. 

20.  Approval  or  disapproval. — Notice  of  the  approval  or  disapproval  of  claims  will 
be  forwarded  from  the  office  of  the  Secretary  of  Commerce  and  Labor  to  the  heads  of 
the  respective  departments,  or  independent  office,  for  transmittal  to  the  official  supe- 
rior of  the  employee. 

21.  Payments. — Payments  under  this  law  should  be  made  at  the  regular  intervals  at 
which  salaries  are  paid  to  all  employees,  except  payments  accrued  before  the  receipt 
of  the  approved  claim,  which  should  be  made  as  soon  after  the  receipt  of  the  approval 
as  possible  so  as  to  avoid  unnecessary  hardship  to  the  employee.  If  subsistence  is  fur- 
nished during  employment  but  not  during  the  period  of  disability,  the  value  of  the 
subsistence  should  be  allowed  to  the  injured  workman  during  disability  in  addition 
to  the  wages  usually  paid  in  cash. 

When  compensation  is  approved  for  a  fixed  period,  payments  may  be  made  on  the 
authority  of  such  approval  without  further  evidence. 

When  compensation  is  approved  for  an  indefinite  period,  each  payment  shall  be 
based  upon  the  certificate  signed  by  the  claimant  and  approved  by  the  claimant's 
official  superior  to  the  effect  that  during  the  time  covered  by  the  said  payment  the 
claimant  was  unable  to  resume  work  and  that  inability  to  so  resume  work  was  the  re- 
sult of  the  injury  for  which  compensation  was  granted. 

In  no  case  shall  annual  leave  be  charged  against  any  portion  of  the  period  for  which 
compensation  is  due. 

22.  Certificates. — If  the  claimant's  superior  officer  is  unable  to  satisfy  himself  that 
the  claimant  was  unable  to  resume  work  for  any  period  for  which  compensation  is 
claimed,  he  may  require  that  the  claimant  submit  to  him  a  certificate  from  a  duly 
authorized  medical  practitioner  showing  the  continuance  of  the  inability  to  resume 
work. 

23.  Special  examinations. — If  this  medical  certificate  is  satisfactory  to  the  official 
superior,  he  should  then  approve  payment;  but  if  the  certificate  does  not  satisfy  him 
he  may  require  the  medical  officer  or  officially  designated  physician,  where  such  is 
available,  to  examine  the  claimant  for  the  purpose  of  ascertaining  whether  the  dis- 
ability still  exists. 

24.  Payments  withheld. — In  all  cases  where  the  continuance  of  disability  has  not  been 
proved  to  the  satisfaction  of  the  superior  officer,  or  where  the  results  of  the  examina- 
tion of  the  claimant  by  the  medical  officer  or  officially  designated  physician  are  con- 
tradictory to  the  statements  of  the  attending  physician,  payments  should  be  withheld 
and  a  report  of  these  facts  should  be  immediately  forwarded  directly  to  the  Secretary 
of  Commerce  and  Labor.  A  detailed  report  of  the  examination  of  the  claimant  by  the 
medical  officer  or  officially  designated  physician,  if  any  has  been  made,  should  accom- 
pany this  report,  together  with  the  statement  of  the  employee  and  a  certificate  of  his 
attending  physician. 

25.  Examination  by  physician  of  Department  of  Commerce  and  Labor. — On  receipt 
of  reports  concerning  disagreement  between  the  claimant  or  his  physician  and  the 
official  superior,  the  Secretary  of  Commerce  and  Labor  will  immediately  order  an  ex- 
amination of  the  claimant  by  a  physician  designated  by  him,  so  as  to  ascertain  the 
claimant's  ability  to  return  to  work. 

26.  Decision. — The  decision  of  the  department  will  then  be  communicated  to  the 
official  superior.  If  the  claim  of  the  injured  person  be  sustained,  the  amount  due  him 
should  be  paid  as  soon  as  possible  after  the  receipt  of  the  decision. 

27.  Discontinuance  of  payments. — When  payments  are  discontinued  because  of  re- 
covery or  other  reason,  such  fact  should  be  reported  to  the  Department  of  Commerce 
and  Labor  on  the  blanks  furnished  for  that  purpose. 


234       REPORT   OF   THE    SECRETARY   OF   COMMERCE   AND   LABOR. 

28.  Examination  at  end  of  six  months. — Whenever  compensation  has  been  paid  for 
any  case  of  disability  for  five  months  and  there  is  a  possibility  of  the  disability  lasting 
so  as  to  extend  over  six  months,  the  official  superior  of  the  injured  employee  should 
report  the  fact  to  the  Secretary  of  Commerce  and  Labor,  so  as  to  enable  him  to  order 
as  soon  as  possible  a  medical  examination. 

29.  Death. — Whenever  a  person  in  the  employ  of  the  Government  shall  die  as  the 
result  of  injury  received  in  the  course  of  his  employment,  and  his  wife,  his  children 
under  16  years  of  age,  or  his  parents  desire  to  claim  payment  under  this  act,  they  should 
be  furnished  with  blank  forms  of  claim  for  compensation.  If  the  official  superior  has 
reason  to  believe  that  the  person  so  injured  is  covered  by  the  provisions  of  the  law  he 
should  inform  the  dependent  relatives,  if  the  names  and  addresses  of  such  relatives 
can  be  ascertained  by  him,  of  the  necessary  pi^cedure  under  the  law  and  the  provision 
as  to  the  90-day  limit. 

If  the  persons  who  may  be  entitled  to  compensation  on  account  of  the  death  of  an 
employee  are  located  in  a  foreign  country,  they  may  file  their  affidavits  of  claim,  re- 
spectively, with  the  consular  officer  of  the  United  States  located  most  conveniently, 
and  any  affidavit  so  filed  within  90  days  after  the  death  will  be  considered  as  having 
been  duly  filed  with  the  Secretary  of  Commerce  and  Labor,  as  required  by  section  4 
of  the  compensation  act. 

30.  Death  benefits. — Claims  for  compensation  on  account  of  death  should  be  forwarded 
to  the  Secretary  of  Commerce  and  Labor.  If  the  claim  be  established  and  compensa- 
tion is  due  to  more  than  one  person  the  Secretary  of  Commerce  and  Labor  will  desig- 
nate the  portion  to  be  paid  to  each  claimant. 

31.  Employees  to  have  laws  and  regulations. — Copies  of  the  law  and  the  regulations 
should  be  on  hand  in  each  establishment  and,  upon  request,  furnished  free  to  all  em- 
ployees for  their  information  and  guidance. 

A  summary  prepared  by  the  Secretary  of  Commerce  and  Labor,  presenting  the  prin- 
cipal provisions  of  the  compensation  act  and  the  regulations  governing  its  application, 
should  be  posted  in  establishments  affected  by  the  act,  in  such  numbers  and  places 
as  to  be  easily  accessible  to  all  the  workmen. 

DUT&S    OP    MEDICAL    OFFICERS. 

32.  First-aid  treatment. — The  medical  officer  of  each  establishment  or  his  assistant, 
where  such  services  are  available,  should  render  such  immediate  aid  as  is  necessary 
to  each  employee  of  the  establishment  injured  while  on  duty,  and  make  a  report  to  the 
head  of  the  establishment  of  the  exact  extent  of  the  injury  and  the  nature  of  the  treat- 
ment administered,  and  a  detailed  record  of  the  same  should  be  kept  on  file  in  his  office. 

33.  Subsequent  examinations. — The  medical  officer  or  officially  designated  physician 
should  examine  the  injured  employee  as  frequently  as  is  necessary  in  his  opinion  or  in 
the  opinion  of  the  head  of  the  establishment  during  the  absence  of  such  employee  from 
his  work. 

34.  Records. — A  record  of  each  examination  by  the  medical  officer  or  officially  desig- 
nated physician  should  be  made  in  detail  and  contain  an  accurate  description  of  the 
general  condition  of  the  employee,  the  state  of  the  injuries,  and  an  opinion  as  to  whether 
the  disability  still  continues.  Such  record  should  be  kept  on  file  in  the  office  of  the 
medical  officer  or  officially  designated  physician,  and  reports  of  the  findings  should 
be  made  to  the  head  of  the  establishment. 

35.  Treatment. — The  medical  officer  or  officially  designated  physician  should  ascer- 
tain whether  the  injured  employee  is  under  treatment  of  a  duly  licensed  practitioner 
of  medicine,  and  if  he  finds  this  not  to  be  the  case  he  should  inform  the  injured  em- 
ployee of  the  necessity  of  medical  attendance  whenever  such  necessity  exists. 

36.  Opinion  as  to  termination  of  disability. — The  medical  officer  or  officially  desig- 
nated physician  making  any  examination  should  inform  the  injured  employee  of  his 
opinion  concerning  the  continuance  or  termination  of  disability. 

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